Policy Number: 5-001

Institutional Clery Act

Category: Compliance and Ethics

Responsible Executive: Chief Compliance, Ethics, and Privacy Officer

Responsible Office: UF Compliance and Ethics

  • 1. Purpose
  • One of the highest priorities at the University of Florida is maintaining warm and welcoming campus environments that not only allows everyone the right to be safe, but also to feel safe. Our goal is to cultivate campus environments that allow everyone at the University of Florida to safely study, live and work as they strive to reach their full potential. UF Compliance & Ethics oversees the Clery Compliance Program for the University of Florida.
  • The goals of the Clery Act include ensuring that students, prospective students, parents and employees have access to accurate information about crimes committed on campuses, campus security policies and procedures, as well as details regarding prevention programming. The Clery Act requires institutions of higher education that receive federal financial aid (Title IV) to report statistics on specified crimes on or near college campuses and to provide other safety and crime information to members of the campus community. This information must also be reported to the federal Department of Education by October 1 of each year. The spirit of the Clery Act is transparency. Schools must inform students, parents, potential students and employees of crimes that are occurring on or around university campuses so that they can make informed education and employment decisions.
  • In order to maintain a safe environment for its faculty, staff, employees, students, patients and visitors, the University of Florida will comply with the provisions of the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998,” (Clery Act) as amended. The Clery Act requires the University to report specified crime statistics and data to the Department of Education and to provide a variety of safety and crime information to the campus community as well as outline all required statements of policy in the annual security and fire safety reports.
  • 2. Applicability
  • Enterprise wide: Faculty, Staff, Students, Contractors, Vendors, Volunteers, Visitors, Guests, University Direct Support Organizations, and University Affiliate Entities.
  • 3. Definitions
  • Campus Environment
    Campus Environment means all Clery Act campus locations for the University of Florida, including IFAS Research and Academic Centers, UF Health Campuses, College of Design, Construction and Planning sites, College of Dentistry sites, and all other locations that are owned or controlled by UF, are located more than one mile from the Gainesville campus, have an organized program of study and have at least one person on site acting in an administrative capacity. Campus Environment also includes all faculty, staff, employees, students, patients, and visitors on or near Clery Act campus locations.
  • Campus Security Authority (CSA):
    Campus Security Authorities means individuals designated by the University to report alleged Clery Act Crimes to the University. These CSA are designated because of the scope of their employment or specific role in a University program.
  • The Clery Act defines CSA as follows:
    • 1. A campus police department or a campus security department,
    • 2. Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department,
    • 3. Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses, and
    • 4. An official of an institution who has significant responsibility for student and campus activities.
  • At the University of Florida, CSA include, but are not limited to, the following:
    • • Vice Presidents
    • • All members of Police and Security departments (at all campuses)
    • • Dean of Students
    • • Directors
    • • Associate Directors
    • • Assistant Directors
    • • All members of University Athletic Association
    • • Faculty advisors to student organizations
    • • Housing & Residence Life Staff
    • • Ombudsman
    • • Associate Vice President, IFAS
    • • Director, Risk Management Services, Student Affairs
    • • Victim Advocates
    • • Director of Emergency Management
    • • Title IX Coordinator
    • • Director, Employee Relations
  • The complete list of CSA for the University is managed and maintained by the Clery Compliance Program.
  • Clery Act Committee:
    The Clery Act Committee means the team that acts as a mechanism for bringing together and frequently engaging the most central partners in operationalizing the Clery Act compliance program. The Assistant Director, Clery Act Compliance serves as the chair for the University of Florida’s Clery Act Committee. The committee Members represent the following University units:
    • 1. UFPD
    • 2. Emergency Management
    • 3. University Athletic Association (UAA)
    • 4. International Center
    • 5. Student Affairs
    • 6. Counseling and Wellness Center
    • 7. Accessibility and Gender Equity
    • 8. Housing and Residence Education
    • 9. Office of Real Estate
    • 10. Office of Human Resource Services
    • 11. Communications
    • 12. UF Health Security
    • 13. IFAS
    • 14. UF Compliance & Ethics
  • Clery Act Crimes:
    Clery Act Crimes means specific crimes outlined in the Clery Act that Universities must report annually to the University community, as well as the Department of Education, including,
    • • Criminal Homicide (Murder, Non-Negligent Manslaughter, Manslaughter by Negligence);
    • • Sexual Assault (Rape, Fondling, Statutory Rape, and Incest);
    • • Robbery;
    • • Aggravated Assault;
    • • Burglary;
    • • Motor Vehicle Theft;
    • • Arson;
    • • Hate Crimes (including the previously listed crimes as well as Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property that are motivated by bias);
    • • VAWA Crimes (Dating Violence; Domestic Violence and Stalking); and
    • • arrests and referrals for disciplinary action for any of the following: (a) Liquor Law Violations, (b) Drug Law Violations, and (c) Weapon Law Violations.
  • Clery Act Reportable Location:
    Clery Act Reportable Location means property owned or controlled by the University (or any Direct Support Organization (DSO) or Affiliated Legal Entity) that meets one or more of the following criteria: (1) on Campus (includes On Campus Student Housing Facilities), (2) on Public Property within or immediately adjacent to the campus, (3) in or on Non-Campus Buildings or Property, (4) or is considered a Separate Campus location.
  • Emergency Notification System (UF Alert System):
    Emergency Notification System means a mechanism established for the purpose of and dedicated to enabling University officials to quickly contact or send messages to faculty, staff, employees and students in the event of an emergency.
  • Emergency Notification:
    Emergency Notification means a message issued in response to a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Messages may be sent to all members of the community/subscribers to the UF Alert system or segmented to specific users if a significant emergency or dangerous situation affects a portion of the affected campus.
  • Official:
    Official means any person who has the authority and the duty to take action or respond to particular issues on behalf of the University.
  • Timely Warning:
    Timely Warning means a message issued for Clery Act crimes that occur on the University of Florida’s Clery Act geography which represents a serious or continuing threat that is reported to either police, security or a University of Florida CSA.
  • 4. Policy Statement
    • 4.1. Clery Act Requirements:
      The University of Florida, through the Clery Compliance Program, will ensure the following Clery Act requirements are met:
      • 4.1.1. Publish an Annual Security Report (ASR):
        By October 1st each year, the Clery Compliance Program will publish an Annual Security and Fire Safety Report (ASFSR) documenting three calendar years of Clery crime statistics, security policies and procedures, and information on the basic rights guaranteed to victims of Violence Against Women Act (VAWA) crimes. All crime statistics must be provided to the U.S. Department of Education on an annual basis. This report must be made available to all current faculty, staff, employees and students. In addition, prospective faculty, staff, employees and students must be notified of the ASR’s existence and provided a copy upon request. Paper copies of the report will be available upon request from the Clery Compliance Program. In addition, the Office of Admission, University Human Resources, and Medical Center Human Resources will publish a link to the ASR with a brief description on their respective web sites.
      • 4.1.2. Identify, Notify, and Train Campus Security Authorities (CSA):
        The University of Florida will identify positions which meet the definition of a CSA on an ongoing basis, and notify individuals in these roles of their obligations under the Clery Act to report any and all Clery Act Crimes that they witness, or are reported to them, which may have occurred on the University of Florida’s Clery Act geography. The University requires that all CSA complete training on an annual basis which outlines their responsibilities and reporting requirements under the Clery Act. The University created a proprietary training video which is housed in the MyTraining system – CSA complete the training and a record of completion is maintained.
      • 4.1.3. Disclose Crime Statistics:
        Crime statistics for incidents that occur on the University of Florida’s Clery Act geography must be disclosed. The Clery Compliance Program is responsible for gathering crime statistics from the University of Florida Police Department, the Office of the Dean of Students, the AVP of Accessibility and Gender Equity, local law enforcement agencies and other Campus Security Authorities (CSA). The Clery Act requires reporting of crimes in the following four categories:
        • (1) Criminal Offenses:
          • 1. Criminal Homicide
            • i. Murder &
              Non-Negligent Manslaughter
            • ii. Manslaughter by Negligence
          • 2. Sexual Assault
            • i. Rape
            • ii. Fondling
            • iii. Statutory Rape
            • iv. Incest
          • 3. Robbery
          • 4. Aggravated Assault
          • 5. Burglary
          • 6. Motor Vehicle Theft
          • 7. Arson
        • (2) Violence Against Women Act (VAWA Crimes)
          • 8. Domestic Violence
          • 9. Dating Violence
          • 10. Stalking
        • (3) Arrests or referrals for disciplinary action for the following:
          • 11. Liquor Law Violations
          • 12. Drug Law Violations
          • 13. Carrying or Possessing Illegal Weapons
        • (4) Statistics are also required for four additional crime categories (in addition to Criminal Offenses) if the crime committed is classified as a Hate Crime (motivated by bias):
          • 14. Larceny/Theft
          • 15. Simple Assault
          • 16. Intimidation
          • 17. Destruction/Damage/Vandalism of Property
      • 4.1.4. Issue Timely Warnings:
        The University of Florida is required to provide Timely Warnings message regarding Clery Act Crimes which pose a serious or ongoing threat to the campus community. This is determined by one (or more) University official(s) who has been pre-identified in the University’s Annual Security Report. Timely Warnings may be issued for Clery Act Crimes occurring in Clery reportable locations.
      • Exception: Clery Act Crimes that would otherwise be reportable but are reported to a licensed mental health counselor or pastoral counselor, in the context of a privileged (confidential) conversation, are not subject to the Timely Warning requirement.
      • 4.1.5. Issue Emergency Notifications:
        The University is required to inform the campus community about a significant emergency or dangerous situation involving an immediate threat to the health or safety of University faculty, staff, employees, students, patients and visitors occurring on or near campus. An emergency notification expands the definition of Timely Warning as it includes both Clery Act Crimes and other types of emergencies (e.g., fire, infectious disease outbreak, etc.). Emergency events may be localized; therefore notifications may be tailored exclusively to the segment of the campus community at risk. The University also must have emergency response and evacuation procedures in place specific to its on campus facilities. A summary of these procedures must be disclosed in the ASR. Additionally, the emergency response procedures must be tested at least once, annually.
      • Exception: Emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency or mitigate the emergency are not subject to the emergency notification requirement.
      • 4.1.6. Compile, Report, and Publish Fire Data:
        The Clery Compliance Program, in partnership with Environmental Health and Safety and the Department of Housing and Residence Education, will produce an Annual Fire Safety Report (AFSR). The AFSR will disclose fire statistics for each on-campus student housing facility separately for the three most recent calendar years for which data are available in accordance with HEOA regulations. Each such facility must be identified in the statistics by name and street address, regardless of whether any fires have occurred. Additionally, the AFSR will provide a description of the fire safety system in each on-campus student housing facility. These descriptions should include mechanisms (e.g., fire extinguishers, fire doors, posted evacuation routes, etc.) or systems related to the detection, warning and control of a fire.
      • 4.1.7. Maintain a Daily Crime Log:
        The University must maintain a daily crime log documenting the “nature, date, time and general location of each crime” reported to the University Police Department within the last 60 days, and the disposition, if known, of the reported crimes. The crime log requirement applies at all Clery Act campuses which employ a police or security force. Incidents must be entered into the log within two business days of receiving the report. The daily crime logs for the University can be found online (https://publicsafety.ufl.edu/clery/crimelog) and may be requested by contacting the Clery Compliance Program. Requests for public inspection of daily crime log entries beyond 60 days must be made in writing and will be made available within two business days of the request.
      • 4.1.8. Maintain a Daily Fire Log:
        The University must maintain a daily fire log documenting the nature of the fire, date the fire occurred, date and time the fire was reported and general location of each fire-related incident in an on-campus student housing facility reported to any University official. Daily Fire Logs are maintained for all Clery Act campuses that have On-Campus Student Housing Facilities. Incidents must be entered into the log within two business days of receiving the report. The daily fire logs for the University can be found online (https://publicsafety.ufl.edu/clery/firelog) and may be requested by contacting the Clery Compliance Program. Requests for public inspection of daily fire log entries beyond 60 days will be made available within two business days of the request.
    • 4.2. Programmatic Responsibilities:
      • 4.2.1 The Clery Compliance Program is responsible for:
        • a. Overseeing the University’s compliance with the Clery Act;
        • b. Updating the requirements in this policy as necessary when the federal legislation has been amended;
        • c. Annually reviewing the University of Florida’s Clery Act geography to ensure correctness;
        • d. Designating Separate Campus locations when required by the Clery Act;
        • e. In partnership with the Office of Human Resources, identifying those positions with CSA responsibilities and notifying those individuals;
        • f. In partnership with the Office of Human Resources, maintain a list of University CSA;
        • g. Developing procedures for reporting crime statistics by CSA;
        • h. Serving as subject matter experts on behalf of the University regarding the Clery Act; interpret federal regulations, policy guidance and Department of Education Final Program Review Determinations and implementing aligned policies and procedures at the University of Florida.
        • i. Implementing and overseeing training completion of CSA when they assume their role and on an annual basis thereafter;
        • j. In partnership with the University of Florida Police Department, issue Timely Warning messages to the campus community regarding Clery Act Crimes;
        • k. Reporting crime statistics (as specified in the Clery Act);
        • l. Publishing the ASFSR and disclosing statistics of Clery Act Crimes reported over the past three years;
        • m. Compiling and providing to the U.S. Department of Education, statistics of reports of Clery Act Crimes reported to the University Police, which are classified according to the parameters defined in the Clery Act;
        • n. Annually, requesting in writing crime statistics from local law enforcement with jurisdiction over the University’s Clery geography;
        • o. Maintaining and publishing University policies and procedures addressing campus security and safety; and
        • p. Submitting the crime and fire statistics to the U.S. Department of Education.
      • 4.2.2 The University Police Department is responsible for:
        • a. In partnership with the Clery Compliance Program, issuing Timely Warning messages to the campus community regarding Clery Act Crimes;
        • b. Monitoring criminal activity at off-campus locations of student organizations officially recognized by the University;
        • c. Maintaining the Fire Log for the Gainesville campus;
        • d. Coordinating emergency notifications to the campus community when deemed necessary and appropriate;
        • e. Providing paper copies of the ASFSR upon request;
        • f. Maintaining the daily crime log; and
        • g. Sharing information about applicable prevention programming with the Clery Compliance Program for publishing in the ASR.
      • 4.2.3 Campus Security Authorities are responsible for:
        • a. Understanding the requirements of the Clery Act pertaining to reportable crimes;
        • b. Undergoing training when they assume their role(s) and on an annual basis thereafter; and
        • c. Immediately reporting Clery Act Crimes the Clery Compliance Program.
      • 4.2.4 The Office of the Dean of Students/Student Life is responsible for:
        • a. Immediately reporting any Clery Act related crime or emergency to University Police or the Clery Compliance Program for a Timely Warning or Emergency Notification consideration; and
        • b. On an ongoing basis, providing all conduct referral and data related to Clery Act Crimes to the Clery Compliance Program for inclusion in the ASR and associated statistical reporting to the Department of Education.
      • 4.2.5 The Office of Accessibility and Gender Equity is responsible for:
        • a. Immediately reporting any Clery Act related crime or emergency to University Police or the Clery Compliance Program for a Timely Warning or Emergency Notification consideration;
        • b. On an ongoing basis, providing all Clery Act crime data the Clery Compliance Program for inclusion in the Annual Security Report/statistical reporting to the Department of Education;
        • c. Sharing information about applicable prevention programming the Clery Compliance Program so that this information may be published in the ASR; and
        • d. Updating the Clery Compliance Program when any policies/procedures which govern the investigation and adjudication of VAWA crimes change and ensuring policies/procedures are compliant with the Campus Sexual Assault Victims Bill of Rights requirements, as well as VAWA requirements codified within the Clery Act.
      • 4.2.6 The Office of Emergency Management is responsible for:
        • a. Overseeing and maintaining the UF Alert system and acting as subject matter experts for said system;
        • b. Coordinating emergency notifications to students, faculty and staff when deemed necessary and appropriate; and
        • c. Conducting an annual emergency alert exercise and test the emergency alert system in conjunction with the exercise.
      • 4.2.7 The Office of Environmental Health and Safety (EHS) and Housing & Residence Life are responsible for:
        • a. Collecting and maintaining fire statistics that occur in on-campus student housing facilities;
        • b. Sharing information related to fires occurring within on-campus student housing facilities with the University of Police Department so they can be added to the fire log;
        • c. Updating the AFSR policy statements to reflect legislative updates and interpretations;
        • d. Providing annual fire statistics to the Clery Compliance Program; and
        • e. Maintaining fire statistics in compliance with the University’s records retention policy.
      • 4.2.8 The Office of Admissions (Undergraduate and Graduate) is responsible for:
        • a. Notifying and providing the on-line location of the ASR and a brief description of the report to prospective or current students; and
        • b. Providing paper copies of the ASR upon request to a prospective or current students.
      • 4.2.9 University Human Resources is responsible for:
        • a. Notifying and providing to prospective faculty and staff the on-line location and brief description of the ASFSR;
        • b. Providing paper copies of the ASFSR upon request to prospective or current faculty or staff members;
        • c. Immediately reporting any Clery Act related crime to University of Florida Police Department or the Clery Compliance Program for Timely Warning consideration; and
        • d. Annually, providing all student and employee conduct referral data to the Clery Compliance Program for inclusion in the ASR.
      • 4.2.10 UF Health (Shands, LLC and Shands Jacksonville, LLC) is responsible for:
        • a. Notifying and providing to prospective employees the on-line location of the ASR and a brief description of the report;
        • b. Providing paper copies of the ASFSR upon request to a prospective or current employees;
        • c. Immediately reporting any Clery Act related crime to University Police or the Clery Compliance Program for a Timely Warning consideration; and
        • d. Annually, providing all student and employee conduct referral data to the Clery Compliance Program for inclusion in the Annual Security Report.
      • 4.2.11 The University Athletic Association (UAA) is responsible for:
        • a. Immediately reporting any Clery Act related crime to University Police or the Clery Compliance Program for Timely Warning consideration; and
        • b. Annually, providing all student and employee conduct referral data to the Clery Compliance Program for inclusion in the ASFSR.
      • 4.2.12 The Office of Victim Services (OVS) is responsible for:
        • a. Immediately reporting any Clery Act related crime to University Police the Clery Compliance Program for Timely Warning consideration; and
        • b. Annually, providing aggregate Clery reportable data to the Clery Compliance Program for inclusion in the ASFSR.
    • 4.3. Questions
      Questions about this policy or reports of suspected violations should be directed to:
      UF Compliance & Ethics
      https://clery.compliance.ufl.edu/
      (352) 294-3579
      clery@ufl.edu
  • 5. References and Related Information
  • Procedures:
  • University Policies:
  • Safety
  • Outside Sources
  • Regulation Background:
    Jeanne Clery was a 19-year-old Lehigh University freshman who was raped and murdered while asleep in her resident hall room on April 5, 1986. After her murder, it was discovered that students had not been told about 38 violent crimes that occurred on the Lehigh campus in the three years before her murder. Thus Congress enacted the “Crime Awareness and Campus Security Act of 1990.”
  • In 1992, Congress amended the Act to:
    • 1. Exclude campus law enforcement records from coverage under the Family Educational Rights and Privacy Act of 1974 (FERPA).[1] Law enforcement records are not protected from disclosure on grounds of privacy as “educational records.” Additionally, disclosure of the outcome of campus disciplinary proceedings to the complainant and respondent in VAWA cases is not a violation of FERPA.
    • 2. Incorporate the “Campus Sexual Assault Victims’ Bill of Rights,” which requires campus security policies to specifically address sex offense prevention and specifies procedures that must be included in a campus disciplinary proceeding.[2]
  • These laws became effective September 1, 1992.
  • In 1998, expanded reporting requirement and formally renamed it the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.[3]
  • In 2000, a provision, modeled after Megan’s Law, was added that requires institutions to include in their annual campus security reports where information about registered sex offenders on campus can be obtained.
  • In 2008, implemented the Higher Education Opportunity Act[4] which:
    • • Expanded reporting of Hate Crimes;
    • • Added new emergency notification, response and evacuation procedures;
    • • Added new missing student notification policy;
    • • Clarified what is considered on-campus housing; and
    • • Reinforced crime of violence/sex offense disciplinary procedure disclosure requirements.
  • In 2013, the Violence Against Women Act[5], as reauthorized amended the Jeanne Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking. It requires institutions to begin including in their annual security reports incidents of domestic violence, dating violence and stalking reported to campus security authorities or local police agencies.

[1] 20 U.S.C. § 1232g; 34 C.F.R. Part 99–
[2] 20 U.S.C. § 1092(f)(8) and 34 C.F.R. § 668.46(b)(11)
[3] 20 U.S.C. § 1092(f)
[4] 20 U.S.C. § 1000, et seq.
[5] 42 U.S.C. § 13925(a)

History

History: New 6-25-2021, Amended 5-6-2022, Amended 6-28-2022, Amended 12-12-2022 (administrative), Amended 3-1-2024 (administrative).