OP 200 - Clery Compliance
Number: OP 200
Effective: May 1, 2023
Last Reviewed: June 1, 2023
Department: Facilities Planning and Management
Last Revision: May 1, 2023

Purpose

College of Western Idaho (CWI) is committed to the safety and well-being of all members of the campus community. The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act) requires colleges and universities to inform campus communities, and prospective members of those communities, of crimes that occurred on campus that necessitate caution on their part. The Clery Act also requires colleges and universities to produce and disclose security policies as well as crime statistics. This policy provides guidance to maximize the College's in complying with these requirements and to demonstrate its commitment to campus safety and security.

Scope

This policy applies to all CWI campuses and property owned or controlled by CWI, public property reasonably contiguous to the college (e.g., sidewalks, streets, public parking locations) where staff, faculty, or students would consider it to be part of our campus and places of repeated use for school sponsored trips.

This policy applies to all faculty, staff, and students.

Definition

Annual Security Report (ASR): The Clery Act requires a yearly report by colleges and universities to disclose policy crime statistics for incidents which occur on specifically defined areas: on-campus, on unobstructed public areas immediately adjacent to the campus, and on non-campus properties owned and or controlled by the institution. Colleges and universities must publish security-related policy requirements. It also requires publishing their Clery Act crime log for institutions that have a campus police or security department.

Clery Compliance Officer (CCO): The Director of Safety and Security is the CCO for the College of Western Idaho. The CCO works collaboratively with various offices at CWI to ensure the institution’s compliance with the Clery Act and associated regulations. This individual is also responsible for publishing the Annual Security Report (ASR).

Campus Security Authorities (CSAs): A specific term that encompasses four groups of individuals and organizations associated with an institution.

  • Campus police officers or campus security officers at the institution.
  • Any individual or individuals who have a responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
  • Any individual or organization to which students and employees should report criminal offenses.
  • An official of the institution who has significant responsibility for student and campus activities.

CSAs are required to immediately notify the Department of Safety and Security of any crimes reported to them via the Crime Reporting Form (link below).

 

Policy

Annual Security Report (ASR)

Every year, the CCO will prepare and publish the ASR by October 1st to the Campus Safety and Security website. The full text of the ASR is located on the CWI Annual Security Report website or is available in hard copy at the CWI Safety and Security Office.

The ASR is prepared in cooperation with the local law enforcement agencies serving each of the College of Western Idaho’s campuses, CWI’s Department of Safety and Security, and CWI’s Office of the Dean of Students. Each entity provides updated information on their educational efforts and programs to comply with the Clery Act.

When published, the ASR is distributed to all currently enrolled students and current employees via email notifying them of availability of the ASR, along with a list and brief description of the information contained in the ASR including a URL link to the exact address of the website at which the ASR is posted.

The ASR is available to all prospective and current students and employees, as well as any member of the public on the website or upon request.

Components

The ASR must include, at a minimum:

  1. Annual statistics on criminal offenses for murder, manslaughter, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson.
  2. Annual statistics on criminal offenses for domestic violence, dating violence, and stalking incidents.
  3. Annual statistics on liquor law violations, drug law violations, and illegal weapons violations.
  4. Annual statistics on hate and bias crimes for larcenies, vandalisms, simple assaults, and intimidation, as well as any other crime involving bodily injury to a person in which the victim is intentionally selected because of their actual or perceived gender, religion, national origin, sexual orientation, gender identity, ethnicity, or disability; and
  5. College of Western Idaho’s policies including those on crime prevention, crime reporting, missing people, Emergency Notifications, Timely Warnings, and other policies related to the implementation of safety and security measures at CWI.

Gathering Statistics

Statistics for the ASR are gathered based on reports provided to Campus Safety and Security, Campus Security Authorities (CSAs), and law enforcement agencies in jurisdictions where the College of Western Idaho owns, leases, or controls property, or those with jurisdiction on adjacent property. The CCO requests, gathers, and reports the College’s crime statistics from CSAs and other sources as defined in the Clery Act.

Individual Responsibilities

The following individuals are considered CSAs and must assist with the CWI’s Clery Act compliance:

  1. Campus Safety and Security employees.
  2. Any individual with responsibility for an aspect of campus security but who does not constitute or is not a member of Campus Safety and Security, such as Contract Security Officers and Event Security Staff.
  3. Any individual or organizational unit identified in a college policy as one to which students and employees should report criminal offenses.
  4. Any official with significant responsibility for student and campus activities, including but not limited to:
    • Professional staff in the Office of the Dean of Students, including leaders in Student Affairs
    • Faculty/Staff advisors to student organizations
    • Administrators at branch, satellite, and separate campuses
    • The College President
    • Advisors for Student Clubs
  5. College vice presidents, deans, and department directors must assist the CCO annually in identifying people within their units who may be CSAs for purposes of the Clery Act. Because personnel and job positions change, someone who is a CSA one year might not be a CSA the following year. To determine which individuals are CSAs, the function served by that individual must be considered. If an individual has significant responsibility for student and campus activities, that individual is a CSA.

Responsibilities

  1. CSAs are required to promptly report alleged crimes reported to them by submitting an online CSA Crime Reporting Form. CSAs are required to immediately notify the Department of Safety and Security of any crimes reported to them.
  2. Professional and pastoral counselors are exempt from disclosing offenses reported to them in the course and scope of such capacity for the purposes of Clery Act compliance. Such exemptions, which are protected by state and federal evidence laws, are intended to ensure these individuals can provide appropriate counseling services without an obligation to report crimes about which they may have learned.
  3. Licensed Master Social Workers (LMSW) who perform services that include crisis support, case management, resources and referrals, and advocacy in navigating systems or processes are considered exempt from disclosing offenses reported to them in the course and scope of such capacity for the purposes of Clery Act compliance. LMSWs are, however, required to provide victims of crime with resources for reporting documentation form(s) as provided by the Department of Public Safety.
  4. CSAs must receive Clery Act training on an annual basis through the Campus Safety and Security Department. CSAs must be provided with instructions on Clery Act requirements and College procedures for implementing them. Professional counselors and pastoral counselors should be advised of any procedures the College has created for confidential reporting of crimes, such as anonymous tip lines, and should be encouraged to inform victims/clients of these procedures should they deem it appropriate.

Campus Crime Log

Campus Safety and Security maintains a log of reported criminal incidents available upon request. The crime log contains the nature, date, time, general location of each crime, and disposition of the complaint, if known. A 60-day log is available at Campus Safety and Security and on the CWI Campus Safety and Security Reports website. A log of reported criminal incidents older that sixty (60) days is available at Campus Safety and Security upon request within two (2) college business days.

Records Retention

The records included in the ASR will be retained for seven (7) years from the latest publication of the ASR to which they apply. Support records will also be retained. All documentation should be dated. These records include, but are not limited to:

  • Arrest records and referrals for disciplinary action
  • Timely Warning and Emergency Notification reports
  • Correspondences to and from local police, CSAs, and the Department of Education having to do with Clery Act compliance; and
  • Copies of notices to students and employees about the availability of the ASR.

Clery Committee Members

Provost and VP of Academic Affairs

General Counsel

Dean of Students/Student Affairs/Conduct/Title IX

Executive Director of Facilities, Planning and Management

Executive Director, Human Resources

Executive Director, Institutional Effectiveness

Executive Director, Communications and Marketing

Director, Safety and Security

Security Administrator

Referenced