Clery Compliance Plan

  1. Logs - All logs are created with data from CAD, RMS, or a combination of both. If you elect to have a CAD or RMS only log or a combined Fire and Crime Log, it's important that understand the implications of both and how it my effect your compliance.    

    1. Fire Log - Your institution must maintain a written, easily understood fire log that records, by the date reported, any fire that occurs in an on-campus student housing facility. You are not required to record fires that occur anywhere else on your campus in this log.
      1. The CAD “Call Started When” date/time field is for when the fire is reported. It also filters the log to display only the last 60 days.
      2. The CAD “Incident Date” and “Incident Time” is used to indicate when the fire occurred.
      3. The CAD IncType code and description are used to filter the fires reported
        1. Fires for the purpose of HEA are:
          • any instance of open flame or other burning in a place not intended to contain the burning, or
          • burning in an uncontrolled manner
      4. The CAD Initial Statement provides the nature of the fire (e.g. grease fire, trash can, bullentin board. etc...).
      5. The CAD Landmark and Location fields give the general location of the fire. - You are only required to record fires that occur in an on-campus student housing facility.
      6. The CAD Call Disposition field, which is optional, is used to indicated how the call was cleared.
      7. The CAD Call/OCA Number is for reference only.   

    2. Crime Log - Any institution that has a campus police or security department, must create, maintain and make available a daily crime log. The purpose of the daily crime log is to record all criminal incidents and alleged criminal incidents that are reported to the campus police or security department. By default, the Crime Log is be based on a combination of CAD and RMS data. The purpose of the log is to record all criminal incidents and alleged criminal incidents that are reported to the campus police or security department. The log only requires crimes and some more serious traffic violations (e.g. DUI/DWI, Hit & Run, and Vehicle Manslaughter). 
      1. The CAD “Call Started When” field is used for when the crime was reported. It ss also used to filter the log to display only the last 60 days.
      2. The CAD The CAD “IncidentDate” and “IncidentTime” fields are used for the date/time that occurred.
      3. The CAD IncType field is used to filter the crimes reported and is supplemented by the coresponding "Incident Type Description" and allows for a more comprehensive and timely log.
        • When a report is written in RMS, log entries from CAD will be supplemented or updated by additional information from RMS. Of course, not all calls result in a report but may still require a crime log entry. A simple call for service entry in CAD, can fulfill your Crime Log requirement without the need for an incident report (e.g.. Affray in the patrol jurisdiction handled by municipal police in you patrol jurisdiction). However, when an incident report is available, some fields will be added to or updated with RMS information.
          1. the RMS Offense Code and Description are supplemented in a separte comlumn.
          2. the RMS Incident Date/Time values will replace the CAD values when available.
          3. the RMS Landmark and Location values will replace CAD values when available, and
          4. the RMS Case Status will be supplemented below the CAD Call Disposition value.
      4. You might consider using a field for “Primary Patrol Jurisdiction” but this may not be necessary. A patrol jurisdiction is any property that is regularly provided with police or security patrols by the campus agency. (e.g. can include areas covered by mutual aid and beyond you Clery geography). This may not be required if addressed through other filtering or if you do not patrol outside your Clery geography.
      5. The CAD Call Disposition field is used for the call status and supplemented by Case Status  if known,

  2. Criminal Offenses will be counted based on:
    1. The Incident Date is used to determine the count by year.

    2. The Offense Codes are used to count and parse the offenses into 1 of 3 categories:
      1. Offenses that are counted by Victim:
        1. without Hierarchy (count all except lesser included offenses) for:
          • 09A - Murder/Nonnegligent Manslaughter
          • 09B - Negligent Manslaughter
          • 11A - Rape
          • 11B - Sodomy
          • 11C - Sexual Assault with an Object
          • 11D - Fondling
          • 36 - Incest
          • 36 - Statutory Rape
        2. with Hierarchy (count only the most serious offense) for:
          • 13A - Aggravated Assault
      2. Offenses that are counted by Incident:
        1. without Hierarchy (count all except lesser included offenses) for:
          • 200 - Arson
        2. with Hierarchy (count only the most serious offense) for:
          • 120 - Robbery
          • 220 - Burglary/Breaking & Entering
      3. Offenses that are counted by Vehicle:
        1. with Hierarchy (count only the most serious offense) for:
          • 240 - Motor Vehicle Theft

    3. The Dispatch Zone field is used to parse the count by Geography
        • On-CampOn-Campus = Campus
        • Student Housing = Student Housing
        • Public Property =Public Property
        • Non Campus = Non Campus
        • Separate Campuses (might consider using Patrol Zone)

    4. The Case Status field is used to exclude Unfounded offenses from the count.
        • Not "Unfounded"

  3. Hate Crimes are counted based on:
    1. The Incident Date is used to determine the count by year.

    2. The Offense Codes are used to count and parse the offenses into one categories:
      1. Offenses that are counted by Victim:
        1. without Hierarchy (count all except lesser included offenses) for:
          • 09A - Murder/Nonnegligent Manslaughter
          • 09B - Negligent Manslaughter
          • 11A - Rape
          • 11B - Sodomy
          • 11C - Sexual Assault with an Object
          • 11D - Fondling
          • 36A - Incest
          • 36B - Statutory Rape
          • 13A - Aggravated Assault
          • 200 - Arson
          • 120 - Robbery
          • 220 - Burglary/Breaking & Entering
          • 240 - Motor Vehicle Theft
          • 23A through 23F - Larceny (Theft)
          • 13B - Simple Assault
          • 13C - Intimidation
          • 290 - Destruction/Damage/Vandalism of Property

    3. The Bias Motivated field is used to complie the into 1 of 8 types:
      1. All Hate Crime Offenses are counted by Victim:
        1. without Hierarchy (count all except lesser included offenses) for:
          • Race & Ethnicity
            • 11 - Anti-White
            • 12 - Anti-Black
            • 13 - Anti-American Indian/Alaskan Native
            • 14 - Anti-Asian/Pacific Islander
            • 15 - Anti-Multiple Races, Group
            • 16 - Anti-Native Hawaiian or Other Pacific Islander
            • 31 - Anti-Arab
            • 32 - Anti-Hispanic or Latino
            • 33 - Anti-Other Race/Ethnicity/Ancestry
          • Religion
            • 21 - Anti-Jewish
            • 22 - Anti-Catholic
            • 23 - Anti-Protestant
            • 24 - Anti-Islamic (Muslim)
            • 25 - Anti-Other Religion
            • 26 - Anti-Multiple Religions, Group
            • 27 - Anti-Atheism/Agnosticism
            • 28 - Anti-Mormon
            • 29 - Anti-Jehovah’s Witness
            • 81 - Anti-Eastern Orthodox (Greek, Russian, etc.)
            • 82 - Anti-Other Christian
            • 83 - Anti-Buddhist
            • 84 - Anti-Hindu
            • 85 - Anti-Sikh
          • Sexual Orientation
            • 41 - Anti-Gay (Male)
            • 42 - Anti-Lesbian (Female)
            • 43 - Anti-Lesbian, Gay, Bisexual, or Transgender (Mixed Group)
            • 44 = Anti-Heterosexual
            • 45 = Anti-Bisexual
          • Gender
            • 61 - Anti-Male
            • 62 - Anti-Female
          • Gender Identity
            • 71 - Anti-Transgender
            • 72 - Anti-Gender Non-Conforming
          • Disability
            • 51 - Anti-Physical Disability
            • 52 - Anti-Mental Disability
          • None/Unknown
            • 88 - None (no bias)
            • 99 - Unknown (offender's motivation not known)

    4. The Dispatch Zone field is used to parse the count by Geography
      • On-Campus = Campus
      • Student Housing = Student Housing
      • Public Property = Public Property
      • Non Campus = Non Campus
      • Separate Campuses (might consider using Patrol Zone)

    5. The Case Status field is used to exclude Unfounded offenses from the count.
      • Not Unfounded

  4. VAWA Offenses are counted based on:
    1. The Incident Date is used to determine the count by year.

    2. The Other Zone field is used for parsing offenses into 1 category:
      1. VAWA Offenses that are counted by Victim:
        1. without Hierarchy (count all except lesser included offenses) for:
          • Dating - sexual or physical abuse or the threat of such with additional relationship parameteres.
          • Domestic - a felony or misdemeanor crime of violence with additional relationship parameters.
          • Stalking - engaging in a course of conduct directed at a specific person that would cause fear for the person’s safety or the safety of others or suffer substantial emotional distress.
        Example - A female student reports that her boyfriend forced her into nonconsensual sex in her on-campus dorm room. Include one Rape in both the on-campus category and the on-campus student housing facility category, and one incident of Dating Violence in both the on-campus category and the on-campus student housing facility category.

    3. The Dispatch Zone field is used to parse the count by Geography
      • On-Campus = Campus
      • Student Housing = Student Housing
      • Public Property = Public Property
      • Non Campus = Non Campus
      • Separate Campuses (might consider using Patrol Zone)

    4. The Case Status field is used to exclude Unfounded offenses from the count.
      • Not Unfounded

  5. Arrests are counted based on:
    1. The Arrest Date is used to determine the count by year.

    2. The Offense Codes are used to count and parse the offenses into one category:
      1. Arrests that are counted by each persons arrested:
        1. with Hierarchy (count only the most serious offense) for:
          • 520 - Weapon Law Violations
          • 35A - Drug/Narcotic Violations
          • 35B - Drug Equipment Violations
          • 90G - Alcohol

    3. The Dispatch Zone field is used to parse the count by Geography
        • On-Campus = Campus
        • Student Housing = Student Housing
        • Public Property = Public Property
        • Non Campus = Non Campus
        • Separate Campuses (might consider using Patrol Zone)

  6. Unfounded Offenses - must prove that the crime did not occur and was never attempted:
    1. The Incident Date is used to determine the count by year.

    2. The Offense codes are used for parsing the category of offenses:
      1. Unfounded Offenses 
        1. with and without Hierarchy for:
          • 09A - Murder/Nonnegligent Manslaughter
          • 09B - Negligent Manslaughter
          • 11A - Rape
          • 11B - Sodomy
          • 11C - Sexual Assault with an Object
          • 11D - Fondling
          • 36A - Incest
          • 36B - Statutory Rape
          • 13A - Aggravated Assault
          • 200 - Arson
          • 120 - Robbery
          • 220 - Burglary/Breaking & Entering
          • 240 - Motor Vehicle Theft
          • 23A through 23F - Larceny (Theft)
          • 13B - Simple Assault
          • 13C - Intimidation
          • 290 - Destruction/Damage/Vandalism of Property

    3. The Dispatch Zone field is used to parse the count by Geography
      • On-Campus = Campus
      • Student Housing = Student Housing
      • Public Property = Public Property
      • Non Campus = Non Campus
      • Separate Campuses (might consider using Patrol Zone)

    4. The Case Status field is used to include Unfounded offenses in the count.
      • Unfounded

  7. Campus Security Authority (CSA) - Do you already have something in place or are you considering using this or something similar as your method of gathering and screening CSA reports?
    1. CSA Add Report

    2. CSA Edit Report

    3. CSA Acknowledgement (Consolidated Rights and Instructions)

    4. CSA Index

  8. Quality Control
    1. Mandatory Fields:
      1. Logs:
        1. CAD Call Started When date/time
        2. CAD IncType
        3. CAD Initial Statement (for Fire Log)
        4. CAD Landmark and Location
        5. CAD Call Disposition
        6. Primary Patrol Jurisdiction (for Crime Log)
        7. RMS Offenses (for Crime Log)
        8. RMS Location Occurred (for Crime Log)
        9. RMS Case Status (for Crime Log)
      2. Criminal Offenses:
        1. RMS Incident Date
        2. RMS Offenses Codes
        3. RMS Dispatch Zone
        4. RMS Case Status
      3. Hate Crime:
        1. RMS Incident Date
        2. RMS Offenses Codes
        3. RMS Dispatch Zone
        4. RMS Case Status
        5. RMS Bias Motivated
      4. VAWA:
        1. RMS Incident Date
        2. RMS Other Zone
        3. RMS Dispatch Zone
        4. RMS Case Status
      5. Arrests:
        1. RMS Arrest Date
        2. RMS Offense Code
        3. RMS Dispatch Zone
        4. RMS Case Status
      6. Unfounded:
        1. RMS Incident Date
        2. RMS Offense Code
        3. RMS Dispatch Zone
        4. RMS Case Status

    2. Hierarchies - based on the first offense code entered. Correcting your hierarchy violations is extremely important because they can conceal incidents, arrests, and referrals that are required to be counted and adversely affect your compliance.
      1. Incident Hierarchy - Under this rule, when more than one Criminal Offense was committed during a single incident you should only count the most serious offense. There are exceptions to using the Hierarchy Rule when counting Arson, Sexual Assaults, Hate Crimes, and VAWA Offenses.
        1. 09A - Murder/Nonnegligent Manslaughter
        2. 09B - Negligent Manslaughter
        3. 09B - Negligent Manslaughter
        4. 11B - Sodomy
        5. 11C - Sexual Assault with an Object
        6. 11D - Fondling
        7. 36A - Incest
        8. 36B - Statutory Rape
        9. 13A - Aggravated Assault
        10. 200 - Arson
        11. 220 - Burglary/Breaking & Entering
        12. 240 - Motor Vehicle Theft
      2. Arrest Hierarchy - You must report statistics for violations of the law that occur on your Clery Act geography and result in arrests or persons being referred for disciplinary action. If a person is arrested for multiple violations during a single incident (e.g., violations of both drug abuse and liquor laws), law enforcement or security officer discretion should be used to determine which violation to count. We recommend that you document the justification for this determination.
        1. 520 - Weapon Law Violations
        2. 35A - Drug/Narcotic Violations
        3. 35B - Drug Equipment Violations
        4. 90G - Alcohol
      3. Hate Crimes and VAWA Offenses - Hate Crimes are counted in the same manner that the offenses are when they are not Hate Crimes except that the Hierarchy Rule does not apply to Hate Crimes.
        1. All - Exception