Clery Crime Statistics

Reporting, Collecting, Classifying, Counting, Reconciling and Disclosing Crime Statistics

This policy describes the roles and responsibilities of key units that are involved in reporting, collecting, classifying, counting, reconciling and/or disclosing crime statistics in the Annual Security and Fire Safety Report (ASFSR) and to the Department of Education via the Campus Safety and Security Data Analysis Collection Tool (CSSDACT), as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (a.k.a., the “Clery Act”).

The policy is intended to ensure that all crimes reported to Campus Security Authorities and local law enforcement agencies are properly evaluated for inclusion in the University’s annual statistical disclosures and are accurately and completely disclosed in the ASFSR and the CSSDACT.

Definitions

Clery crimes. The phrase Clery crimes, as used in this policy, means the crimes of

1. Criminal Homicide, including:
   1. Murder/Non-negligent Manslaughter
   2. Manslaughter by Negligence
2. Sexual Assault, including:
   1. Rape
   2. Fondling
   3. Incest
   4. Statutory Rape
3. Robbery
4. Aggravated Assault
5. Burglary
6. Motor Vehicle Theft
7. Arson
8. Hate crimes, to include any of the crimes noted above (except Manslaughter by Negligence) as well as any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property that were motivated by bias
9. Arrests for Weapons—Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations and Liquor Law Violations
10. Referrals for Disciplinary Action for Weapons—Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations and Liquor Law Violations
11. Domestic Violence
12. Dating Violence
13. Stalking

The following definitions will be used for reporting the aforementioned Clery crimes, which are derived from the Federal Bureau of Investigation’s Uniform Crime Reporting (FBI’s UCR) program and Department of Education regulations:

1. The definitions for Murder/Non-Negligent Manslaughter, Manslaughter by Negligence, Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Weapons: Carrying, Possessing, Etc., Law Violations, Drug Abuse Violations,and Liquor Law Violations are from the “Summary Reporting System (SRS) User Manual” from the FBI’s UCR Program.
2. The definitions of Fondling, Incest, and Statutory Rape are excerpted from the “National Incident-Based Reporting System (NIBRS) User Manual” from the FBI’s UCR Program.
3. The definitions of Larceny-Theft (except Motor Vehicle Theft), Simple Assault, Intimidation,and Destruction/Damage/Vandalism Of Property are from the “Hate Crime Data Collection Guidelines and Training Manual” from the FBI’s UCR Program.
4. The definitions of Domestic Violence, Dating Violence, and Stalking are from the Department of Education’s Clery Act implementing regulations at 34 C.F.R. 668.46.

Primary Crimes. A category of crimes that includes Criminal Homicide (including Murder and Non-Negligent Manslaughter and Manslaughter by Negligence); Sexual Assault (including Rape, Fondling, Incest and Statutory Rape); Robbery; Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson.

VAWA Offenses. A category of crimes that includes Domestic Violence, Dating Violence and Stalking.

Classifying. Determining the proper crime category or categories in which to report an offense.

Counting. Counting the number of offenses after they have been classified.

Reconciling. Comparing offenses reported from different people or entities to ensure, whenever possible, that unique incidents/crimes are being included in the University’s annual statistical disclosure.

Clery Geography. Those locations determined by the St. Mary’s University Police Department (STMUPD) to conform to one or more of the Clery Act location categories of On Campus, On Campus Student Housing Facilities (a.k.a. “Residential Facilities”), Noncampus buildings or property, and Public Property.

Unfounded report. A crime report made to a Campus Security Authority (including STMUPD) or State or local law enforcement agencies that has been determined by sworn or commissioned law enforcement personnel to be false or baseless using Clery Act standards (as outlined in the Handbook for Campus Safety and Security Reporting, 2016 Edition). Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner. Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place.

Business Days. Monday through Friday, excluding any day when the institution is closed.

Roles and Responsibilities

The following roles and responsibilities are established pertaining to the documentation, collection, classification, counting, reconciliation and reporting of Clery crimes that must be included in the University’s annual statistical disclosure in compliance with the Clery Act.

1. The official(s) leading each unit listed below are responsible for ensuring that personnel within their unit carries out these functions in a timely fashion and have received sufficient training commensurate with their roles and responsibilities.
2. The St. Mary’s University Police Department (STMUPD) will be responsible for the following:
   1. Creating and maintaining a Clery Map to visually depict the institution’s core campus boundary and the reportable public property that is within or immediately adjacent to and accessible from the campus.
   2. Maintaining an updated list of the University’s Clery Geography.
   3. Distributing the Clery Geography list and Clery Map internally to Officers and Supervisors and externally to the Office of Judicial Affairs and Community Education and providing an updated list/map when the University’s Clery Geography changes.
   4. Documenting all crimes reported directly to the STMUPD.
   5. Investigating all fires not immediately known to be accidental for purposes of making an Arson determination.
   6. Investigating all reports of incidents involving possible bias to determine if a crime occurred that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim (i.e., a Hate Crime).
   7. Ensuring that Unfounded reports are only identified as such following a formal determination made by sworn or commissioned law enforcement personnel that a crime report is false or baseless (in accordance with Clery Act standards for unfounding crimes).
   8. Reviewing all crimes reported directly to STMUPD for purposes of determining which reported offenses should be included in the University’s annual crime statistics.
   9. Requesting, in writing and early in the calendar year, applicable crime statistics from all State and local law enforcement agencies with jurisdiction on or within the St. Mary’s University Clery Geography.
   10. Determining which crimes reported by state and local law enforcement agencies should be included in the University’s annual statistical disclosure.
   11. Requesting crime reports (at least annually, in writing) directly from all persons or organizations identified by St. Mary’s University as Campus Security Authorities.
   12. Classifying and counting all crime reports received from Campus Security Authorities to determine which offense(s) should be included in the University’s annual statistical disclosure. (Note: The Office of Student Integrity & Welfare shall have primary responsibility for classifying and counting any offenses uniquely reported to Student Development, Residence Life, and Law Academic and Student Affairs personnel which are typically documented in Maxient, the University’s third-party electronic records management system used for maintaining student conduct records.)
   13. Maintaining an audit trail of all offenses reported to STMUPD, to state and local law enforcement agencies, and to other Campus Security Authorities that were included in the most recent calendar year’s annual statistical disclosure. Minimally, the audit trail will include the following:
       • Case Number/Incident Number (if applicable)
       • Date of incident
       • Time of incident
       • Type of Offense
       • Name of Accused (if known)
       • Location of the Offense
       • Clery Geography
   14. Meeting on a regular basis (monthly, when feasible) with the Office of Judicial Affairs and Community Education to reconcile offenses reported between that office and STMUPD.
   15. Entering all crime reports that occurred within the University’s Clery Geography or the STMUPD patrol jurisdiction within two business days of the STMUPD being notified of the crime, including crimes reported directly to STMUPD as well as crimes that are first reported to other Campus Security Authorities or State and local law enforcement agencies which are subsequently reported to STMUPD.
   16. Maintaining documentation of all crime reports for a period of no less than seven (7) calendar years
3. The Office of Judicial Affairs and Community Education shall be responsible for:
   1. Immediately notifying STMUPD of any reported incidents that could represent a serious or continuing threat to students and employees so that the report can be evaluated for potential issuance of a Timely Warning Notice.
   2. Ensuring Maxient is properly configured so that Clery crimes are disclosed in the proper Clery Geography category (or categories, if the crime occurred inside of a Residential Facility).
   3. Reviewing incident reports submitted through Maxient for purposes of classifying and counting Clery crimes documented in the Maxient system.
   4. Using Maxient to maintain a detailed audit trail of offenses for which the Office of Student Integrity & Welfare determines are Clery crimes. The audit trail will include, at a minimum, the following:
      • Case Number/Incident Number (if applicable)
      • Date of incident
      • Time of incident
      • Type of Offense
      • Name of Accused (if known)
      • Location of the Offense
      • Clery Geography
   5. Meeting on a regular basis (monthly, when feasible) with the STMUPD to reconcile offenses reported between that department and the Office of Judicial Affairs and Community Education (via Maxient).
   6. Maintaining documentation of all incidents in Maxient for a period of no less than seven (7) calendar years.
4. The Office of Residence Life shall be responsible for:
   1. Immediately notifying STMUPD of any reported incidents that could represent a serious or continuing threat to students and employees so that the report can be evaluated for potential issuance of a Timely Warning Notice.
   2. Training paraprofessional and professional staff to document essential information regarding reported offenses and include this information in all incident reports submitted through Maxient, helping ensure sufficient information is available to classify and count the reported offense, in the event the offense is a Clery crime.
   3. Ensuring all paraprofessional and professional staff promptly document all crime reports in Maxient.
5. The Office of Law Academic and Student Affairs shall be responsible for:
   1. Immediately notifying STMUPD of any reported incidents that could represent a serious or continuing threat to students and employees so that the report can be evaluated for potential issuance of a Timely Warning Notice.
   2. Training professional staff to document essential information regarding reported offenses and include this information in all incident reports submitted through Maxient, helping ensure sufficient information is available to classify and count the reported offense, in the event the offense is a Clery crime.
   3. Ensuring all professional staff promptly document all crime reports in Maxient.

Procedures

1. The STMUPD and the Office of Student Integrity & Welfare will engage in an ongoing review of reports for purposes of determining whether reported offenses should be included in the University’s annual statistical disclosure.
   1. Normally, the STMUPD Director of Clery Compliance will be the individual with primary responsibility for collecting, classifying and counting crime reports from the individuals and entities identified in Section II.A. of this policy; for maintaining an accurate and detailed audit trail of reported offenses, and; for meeting with the Director of Student Integrity & Welfare for purposes of reconciling crime reports.
   2. Normally, the Director of Student Integrity & Welfare will be the individual with primary responsibility for reviewing, classifying and counting incident reports submitted through Maxient; for maintaining an accurate and detailed audit trail of reported offenses, and; for meeting with the STMUPD Director of Clery Compliance for purposes of reconciling crime reports.
2. On a regular basis (at least monthly, when feasible), the STMUPD Director of Clery Compliance and the Director of Student Integrity & Welfare will meet to review and compare their respective audit trails.
   1. Clery crimes brought to the STMUPD Director of Clery Compliance attention during this meeting (i.e., those Clery crimes about which the STMUPD was previously unaware) will be added to the STMUPD audit trail as soon as practicable (and to the Daily Crime Log within two (2) business days of the crime being brought to the STMUPD Director of Clery Compliance’s attention). The Director of Student Integrity & Welfare will be responsible for providing necessary information to the STMUPD Director for Clery Compliance for purposes of adding the offense to the STMUPD audit trail and the Daily Crime Log. (Note: It is not necessary for the Director of Student Integrity & Welfare to apprise the Director of Clery Compliance of the outcome of a disciplinary proceeding in order for the Director of Clery Compliance to add the “Disposition” of the report to the Log.)
      • If the STMUPD Director of Clery Compliance and the Director of Student Integrity & Welfare have arrived at differing classifications or counts for the same offense, each unit’s documentation should be reviewed during the meeting to determine if consensus on the proper classification can be reached. The STMUPD Director of Clery Compliance bears ultimate responsibility for determining the proper classification and count in disputed cases.
      • Any incident reports or other supporting documentation giving rise to the Director Student Integrity & Welfare’s classification of Primary Crimes or VAWA Offenses which have not previously been reported to STMUPD (and therefore are not already included on the Daily Crime Log or the STMUPD audit trail) will be reviewed during the meeting to confirm the Director of Student Integrity & Welfare’s initial classification. The STMUPD Director of Clery Compliance bears ultimate responsibility for determining the proper classification and count in disputed cases.
      • If the classification of an offense maintained in the Maxient system changes as a result of the Director of Student Integrity & Welfare’s and STMUPD Director of Clery Compliance’s reconciliation, the Director of Student Integrity & Welfare will update the classification(s) in Maxient so that the Clery Reportability denoted in Maxient for each Clery crime matches the audit trail maintained by the STMUPD.
      • The STMUPD Director of Clery Compliance will review all crime reports received from Campus Security Authorities and classify and count any reported Clery crimes. These crimes will be added to the Daily Crime Log within 2 business days of the Director of Clery Compliance receipt of the crime report.  The crime will also be added to the STMUPD audit trail to ensure its inclusion in the University’s annual statistical disclosure.
      • The STMUPD Director of Clery Compliance will review all crimes reported by State and local law enforcement agencies that were received in response to the written request for crime statistics to determine which offenses should be included in the University’s annual statistical disclosure. These crimes will be added to the Daily Crime Log within two (2) business days of the Director of Clery Compliance’s receipt of the crime report.  The crime will also be added to the STMUPD audit trail to ensure its inclusion in the University’s annual statistical disclosure.
        • If the STMUPD Director of Clery Compliance reviews the responses from State and local law enforcement agencies and identifies any of the “red flags” listed on page 4-13 of the Handbook for Campus Safety and Security Reporting, 2016 Edition, obtains non-UCR statistics; obtains statistics that cannot be attributed to the St. Mary’s Clery Geography; or has the request for statistics denied, the STMUPD Director of Clery Compliance will follow the guidance appropriate to the circumstances as outlined in the Handbook for Campus Safety and Security Reporting, 2016 Edition.
      • After the STMUPD Director of Clery Compliance has reviewed all crime reports from Campus Security Authorities as well as statistics received from State and local law enforcement agencies, the STMUPD Director of Clery Compliance and the Director of Student Integrity & Welfare will meet to reconcile the entire calendar year’s statistics to serve as a double-check of past reconciliation efforts and to ensure all cases from the calendar year have been reviewed and included in the crime statistics, where appropriate.
      • The STMUPD Director of Clery Compliance will prepare the final audit trail of Clery crimes that will be included in the University’s annual statistical disclosure.
      • The STMUPD Director of Clery Compliance will populate the applicable statistics into the draft ASFSR no less than two (2) other STMUPD personnel to double-check the accuracy of statistics populated into the ASFSR from the audit trail to ensure there are no statistical discrepancies.
        • The STMUPD Director of Clery Compliance will conduct a final review of the statistics populated into the ASFSR from the audit trail to confirm there are no statistical discrepancies and the statistics, as populated, represent an accurate and complete disclosure.
      • When statistics are initially entered into the CSSDACT, the STMUPD Director of Clery Compliance will populate the applicable statistics into the CSSDACT based on the totals contained in the audit trail. When inputting statistics, the STMUPD Director of Clery Compliance will adhere to any instructions and/or guidance contained in the applicable User’s Guide for The Campus Safety and Security Web-Based Data Collection made available by the U.S. Department of Education for that reporting cycle.
      • The STMUPD Director of Clery Compliance will then compare those statistics populated from the audit trail to the statistics included in the ASFSR to ensure the statistics are identical.
      • The STMUPD Director of Clery Compliance will then direct no less than two (2) other STMUPD personnel to double-check the accuracy of statistics populated in the CSSDACT to ensure there are no statistical discrepancies between the CSSDACT statistics, the audit trail, and the ASFSR.
      • The STMUPD Director of Clery Compliance will conduct a final review of the statistics populated into the CSSDACT to confirm there are no statistical discrepancies and the statistics, as populated, represent an accurate and complete disclosure that matches both the audit trail and the statistics included in the ASFSR. The CSSDACT survey submission will then be locked by following the procedures outlined in the applicable User’s Guide for The Campus Safety and Security Web-Based Data Collection.