Clery Act Information

Frequently Asked Questions

• What is the Jeanne Clery Act?

  The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (commonly known as the Clery Act; formerly the Campus Security Act) is a federal law that requires institutions of higher education (colleges and universities) in the United States to disclose campus security information including crime statistics for the campus and surrounding areas. It was first enacted by Congress in 1990 and most recently amended in 2013 by the Violence Against Women Reauthorization Act.

   

• Who is Jeanne Clery?

  In 1986 Jeanne Clery, a first-year student at Pennsylvania's Lehigh University, was murdered and sexually assaulted in her campus residence hall room by another student she didn't know. Her school hadn't informed students about 38 violent crimes on campus in the three years preceding her murder. Clery's parents, Connie and Howard, led the crusade to enact the original Campus Security Act. In 1998, Congress formally named the law in memory of Jeanne Clery.

   

• Which schools must comply with the Clery Act?

  All institutions of postsecondary education, both public and private, that participate in federal student aid programs must publish and disseminate an annual campus security report as well as make timely warnings of any ongoing threats to the campus community.

   

• What does Bucknell have to disclose under the Clery Act?

  Bucknell must disclose the most recent three years of Clery crime statistics and publish an Annual Security Report and Fire Safety Report by Oct. 1 of each year. Bucknell combines these two reports into one — the Annual Security and Fire Safety Report — as allowable by law.

   

• Who is entitled to receive information under the Clery Act?

  Currently enrolled students and employees are notified of the availability of the Annual Security and Fire Safety Report (ASFSR) via their University email address. The general public, including parents and the news media, can access the ASFSR on the Bucknell Department of Public Safety’s website, and printed copies are available by request at the Bucknell Department of Public Safety (580 Snake Road, Lewisburg, PA 17837). The Daily Crime log is also available for viewing at this location for anyone who requests to see it.

   

• What is the Daily Crime Log?

  The purpose of the Daily Crime Log is to record criminal incidents and alleged criminal incidents that are reported to the Bucknell Department of Public Safety or a Campus Security Authority (CSA). A crime must be entered into the crime log within two business days of being reported to Public Safety.

   

• Do school officials other than law enforcement have reporting obligations under the Clery Act?

  Yes, they do. All institutional officials with significant responsibility for campus and student activities are referred to in the Clery Act as a Campus Security Authority (CSA). All CSAs have reporting obligations under the Clery Act.

   

• If a student reports an incident to a CSA in confidence, is the incident still reported to Public Safety?

  Yes. According to the Clery Act, any incident that falls in the Clery crime categories must be recorded both in the Daily Crime Log and in the statistics compiled in the Annual Security and Fire Safety Report. So even if the incident is reported to Public Safety anonymously (without revealing the identity of the victim) through a CSA, Public Safety is required to record the nature of the incident and the approximate time and location in the Daily Crime Log to ensure accurate statistics.

   

• Does someone have to be convicted of a crime before it is reportable under the Clery Act?

  No. Crimes are counted when they are reported, regardless of prosecution.

   

• What criteria is used to determine how crimes are reported?

  The Clery Act requires Public Safety to report statistics on Clery crimes in the annual security report. The criteria for reporting these crimes are as follows:

  • All Clery crimes reported to Public Safety, CSAs or other law enforcement
  • Location within the Clery geography
  • Crimes must be disclosed in the year reported

   

• What is the Clery geography?

  The Clery Act requires institutions to report crimes based on the following geographical specifications.

  On Campus

  • Includes buildings and properties that are owned or controlled by the institution that are reasonably contiguous to one another.
  • Includes buildings and properties within Bucknell's campus, or reasonably contiguous to it, that Bucknell owns but does not control, are frequently used by students, and are used to support the institution's educational purposes.

  Off Campus

  • Includes buildings and properties that are owned or controlled by the institution that are not within the same reasonably contiguous geographic area of the campus, or any building or properties owned or controlled by a student organization that is officially recognized by the institution, or any property outside of the United States if the property otherwise meets the definition of an on-campus property.

   

• How are crimes counted?

  All crimes are counted by the date reported to a CSA or to Public Safety. This date is often different from the date the incident occurred.

   

• What are the categories and definitions of the Primary Clery crimes that must be disclosed?

  • Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
  • Negligent Manslaughter: The killing of another person through gross negligence.
  • Sex Offenses
    • Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. (Note: The Rape definition also includes crimes of sodomy and sexual assaults with an object.)
    • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    • Incest:Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape: Non-forcible sexual intercourse with a person who is under the age of consent.
  • Robbery: The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
  • Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
  • Burglary: The unlawful entry of a structure to commit a felony or theft.
  • Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
  • Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

   

• What is a hate crime?

  A hate crime is a criminal offense committed against a person or property that is motivated, in whole or in part, by the offender's bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, sexual orientation, disability, ethnicity, national origin or gender identity. The perception of the offender determines if a hate crime is classified. There must be evidence that shows the offender was motivated by a bias to commit the crime. Categories of hate crime offenses include all primary Clery crimes as well as larceny-theft, simple assault, intimidation and destruction/damage/vandalism of property.

   

• How does the Violence Against Women Reauthorization Act (VAWA) affect the Clery Act?

  The Violence Against Women Reauthorization Act amended the Clery Act by requiring institutions of higher education to compile statistics for incidents of dating violence, domestic violence, sexual assault and stalking, and to include policies, procedures and programs regarding these incidents in the institution's annual security report.

   

• How are the VAWA offenses defined?

  • Sex Offenses
  • Domestic Violence: A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  • 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. For the purpose of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
  • Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others, or suffer substantial emotional distress.
  • Course of Conduct: Two or more acts, including but not limited to acts in which the stalker directly, indirectly or through third parties, by any action, method, device or means, follows, monitors, observes, surveys, threatens or communicates to or about a person or interferes with a person's property.
  • Substantial Emotional Distress: Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

   

• Are there other violations that must be included in the Annual Security Report?

  The Clery Act requires that schools provide statistics for the following categories of arrests or, if an arrest was not made, referrals for campus disciplinary action:

  • Liquor law violations
  • Drug law violations
  • Illegal weapons possession

   

• If more than one crime occurs in the same incident, which offense is reported?

  The Clery Act follows a hierarchy rule where only the most serious offense is reported in the annual Clery statistics. The hierarchy rule does not apply to the crime log, so all offenses related to the incident would be recorded in the crime log. For example, an incident that includes an aggravated assault and a burglary would only be reported as an aggravated assault in the annual crime statistics, but both the aggravated assault and burglary would be recorded on the crime log.

   

• Are there exceptions to the hierarchy rule?

  Yes. Arson is always reported. But, when multiple offenses occur during an arson offense, the most serious offense is reported along with the arson. The Violence Against Women Reauthorization Act regulations remove the hierarchy rule in crimes that include a homicide with a sexual assault.

   

• What is the difference between an Emergency Alert and a Timely Warning?

  An Emergency Alert is issued when there is a confirmed immediate threat or danger to the Bucknell University community, using our immediate notification system (RAVE). Some examples where an Emergency Alert could be used include: a tornado approaching the University, a gas leak, an active shooter on campus or a bomb threat. Phone and text alert notification is also available through the RAVE system. For more information on the RAVE system or to update your contact information, please follow this link to enter your cell phone number.

  A Timely Warning (TW) is used to notify the University community of serious or ongoing threats as soon as pertinent information is available. The TW is distributed community-wide so individuals can make informed decisions about their own safety. The TW is also distributed to aid in the prevention of similar crimes if a pattern is determined. Examples of when a TW may be issued include a string of burglaries, robberies or sexual assaults. A TW can also be issued if only one instance has occurred, but there is reason to believe it might happen again in the near future. Timely Warnings are designed to include specific, immediately applicable safety tips so that individuals can prepare for and potentially avoid becoming a victim of a similar crime.

   

• Who enforces the Jeanne Clery Act, and what are the penalties for noncompliance?

  The U.S. Department of Education is charged with enforcing the Jeanne Clery Act and may level civil penalties against institutions of higher education per violation or may suspend them from participating in federal student financial aid programs.

   

• Where can I find more information on the Clery Act and its reporting requirements?

  The U.S. Department of Education website has various resources to assist institutions in maintaining full compliance with the Clery Act.