What is the Clery Act?
Clery Compliance Information for Murray State University
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all institutions of higher education (IHEs) that participate in the federal student financial aid program to disclose information about crime on their campuses and in the surrounding communities. The Clery Act affects all public and private IHEs that receive federal financial aid and is enforced by the U.S. Department of Education (ED). Campuses that fail to comply with the act can be penalized with large fines (up to $35,000 per fine) and may be suspended from participating in the federal financial aid program.
Compliance with the Clery Act
The U.S. Department of Education created The Handbook for Campus Safety and Security Reporting to present step-by-step procedures, examples, and references for higher education institutions to follow in meeting the campus safety and security requirements of the amended Higher Education Act of 1965.
Clery Act requirements
The requirements fall into three categories based on the configuration of an institution. Murray State University is mandated to:
- Collect, classify, and count crime reports and statistics related to crime.
- Issue timely warning notifications for Clery crimes that represent an ongoing threat to the safety of students or employees, or emergency alert notifications upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees.
- Publish an Annual Security and Fire Safety Report containing safety and security-related policy statements and crime statistics and distribute it to all current students and employees and prospective students and employees about the availability of the report. This report will also include fire safety information and fire statistics related to on-campus student housing facilities.
- Submit crime statistics to the US Department of Education annually.
- Maintain a daily crime and fire log of alleged criminal incidents and residential fires occurring in Clery Geography.
Campus crime and fire log
In accordance with the Federal law known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or Clery Act, the Murray State Police Department maintains this Campus Crime Log, which contains information on alleged criminal incidents reported to the Murray State Police. This page is updated within one business day; please check back if your case is not yet available.
The Clery Act requires that the Log contain the following information with regard to each alleged incident: (1) the nature of the crime; (2) the date the crime was reported to Murray State Police; (3) the date and time the crime allegedly occurred; (4) the General Location of the crime; and (4) the disposition of the complaint, If known. Murray State’s Crime Log also includes a column for case numbers and one for an incident description, which is not required by law, but which aids in recording and tracking a crime report.
Note that Murray State Police may withhold information otherwise required by the Clery Act from the Log if there is clear and convincing evidence that the release of the particular information would— (A) Jeopardize an ongoing criminal investigation or the safety of an individual; (B) Cause a suspect to flee or evade detection; or (C) Result in the destruction of evidence. The Log is to be updated with the withheld information if and when the Murray State Police determine that the justification for withholding the information no longer exists. See 34 CFR 668.46(f).
Access the Murray State Police Crime Log: murraystate.edu/crimelog/index.cfm
Annual Security and Fire Safety Report
Murray State must disclose statistics for reported Clery crimes that occur: (1) on campus, (2) on public property within or immediately adjacent to the campus, and (3) in or on non-campus buildings or property that your institution owns or controls. The definitions for these geographic categories are Clery Act-specific and are the same for every institution regardless of its physical size or configuration.
The on-campus category encompasses the following:
Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
The public property category encompasses all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
The non-campus buildings or property category encompasses any building or property owned or controlled by a student organization that is officially recognized by the institution; or 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.
There are three categories of crimes that Murray State is required to maintain and
publish: (1) criminal offenses, including those added by the Violence against Women
Act (VAWA), (2) hate crimes, and (3) arrests and referrals. For further information
and examples of such crimes, please refer to Chapter 3 of The Handbook for Campus
Safety and Security Reporting.
The following crimes and definitions are in alphabetical order not hierarchical order.
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. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)
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.
Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
Fondling (assault with sexual motives): 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.
Motor vehicle theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)
Murder or Non negligent manslaughter: The willful (non-negligent) killing of one human being by another.
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.
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.
Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent.
Violence against Womens Act (VAWA)
The reauthorization of the Violence against Women Act (VAWA) was an amendment to the Clery Act put into place in 2013. It expands the rights afforded to campus survivors of sexual assault, domestic violence, dating violence, and stalking.
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.
- The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
- For the purposes 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.
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 cohabited with, the victim as a spouse or intimate partner;
- By a person similarly situated to a spouse of the victim under the domestic or family 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.
An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, A sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.” Refer to the definitions above for rape, fondling, incest, and statutory rape.
- Engaging in a course of conduct directed at a specific person that would cause a reasonable
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress.
- For the purposes of this definition—
- Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
- Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
- Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Campus security authorities
A Campus Security Authority, as defined in the Clery Act, is someone who has “significant responsibility for student and campus activities. Generally, faculty members are not included in this list unless the faculty member serves as an advisor to a recognized student organization or serves in some other similar capacity outside of the classroom.
According to The Handbook for Campus Safety and Security Reporting, “there are two types of individuals who, although they may have significant responsibility for student and campus activities, are not campus security authorities under the Clery Act:
Pastoral counselor: A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.
Professional counselor: A person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of the counselor’s license or certification. This definition applies even to professional counselors who are not employees of the institution, but are under contract to provide counseling at the institution.
Specific positions recognized by MSU as Campus Security Authorities can be found here: Campus Security Authorities
CSA crime report
This form is to be accessed and used only by registered Campus Security Authorities. Registered Campus Security Authorities may access the CSA Crime Report. If you feel that you meet the definition of a CSA and have not received access to this form, please contact us at firstname.lastname@example.org.
Campus security authorities
Specific positions recognized by MSU as Campus Security Authorities include, but are not limited to:
- University President
- Provost and Assistant Provost
- Vice Presidents, Associate Vice Presidents and Assistant Vice Presidents
- Deans/Assistant Deans of Academic Colleges
- All Murray State Police Employees/Student Employees
- All Student Health Services Employees
- Members of University Judicial Board
- Director, Residential Directors, Residential Advisors and Security Staff for Housing
- Heads of Residential Colleges
- Chief Information Officer for Information Systems
- Director, Assistant Director, Coaching Staff and Trainers for Athletics
- Director of Recruitment
- Director of Curris Center
- Director of University Store
- Director of Dining Services
- Director of Institute for International Studies
- Director of Kentucky Institute for International Studies
- Director of African American Student Services
- Manager of Bill Cherry Exposition Center
- Manager of Equine Center
- Coaching Staff of Equine and Rodeo Teams
- Directors of Extended Campuses
- Directors of Community Colleges
- Manager of Regional Special Events Center
- Manager of Hancock Biological Station
- Manager of Miller Golf Course
- Coordinator of Intercollegiate Sports and Recreation
- Advisors for Student Organizations
- Advisor for Student Government Association
- Professional Staff from each area specifically mentioned in this list
This list of campus security authorities is subject to modification and is not intended to be all inclusive because of changes in responsibilities that may occur within the University.