Institutional Clery Act Compliance

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Policy Number:
UW-403
Responsible Office:
UW-Madison Police Department

University Policy

Rationale/​Purpose:

This policy ensures UW–Madison’s compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 U.S.C §1092(f)). The Clery Act is a federal law that requires all institutions of higher education that receive Title IV funds have in place certain safety and security policies and disclose certain crimes to the community and the federal government.

Definitions:
Campus security authority (CSA)
The definition of CSA used below in the section on Campus Security Authority Identification, Duties And Training subsection I.1.A-D.[1]
Clery geography
locations identified by the U.S. Department of Education subject to UW–Madison’s Clery Act reporting requirements.[2]
Employee
Any individual who holds a faculty, academic staff, University staff, limited, student employment, employee-in-training, or project appointment. (See, e.g., UPS Operational Policy, GEN 0, General Terms and Definitions)
Fire
Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.[3]
Official of the institution
Any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.[4]
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.[1]
Personally identifiable information
As defined by 40002(a)(20) of the Violence Against Women Act of 1994 (42 U.S.C. 13925(a)(20)): individually identifying information for or about an individual including information likely to disclose the location of a victim of domestic violence, dating violence, sexual assault, or stalking, regardless of whether the information is encoded, encrypted, hashed, or otherwise protected, including:
  • a first and last name;
  • a home or other physical address;
  • contact information (including a postal, e-mail or Internet protocol address, or telephone or facsimile number);
  • a social security number, driver license number, passport number, or student identification number;  and
  • any other information, including date of birth, racial or ethnic background, or religious affiliation, that would serve to identify any individual
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 to professional counselors who are not employees of the institution, but who are under contract to provide counseling at the institution. This definition also applies to an unlicensed counselor who has completed their master’s degree coursework and are acting the role of a licensed counselor under the supervision of a licensed professional.[2]
Student
Any person who is registered for study at UW–Madison. For continuing students, student status remains in effect during the time in-between academic periods.

[1]  Institutional security policies and crime statistics, 2014. 34 C.F.R 668.46(a). U.S. Department of Education.

[2]  Institutional security policies and crime statistics, 2014. 34 C.F.R 668.46(a). U.S. Department of Education.

[3]  Institutional fire safety policies and fire statistics, 2009. 34 C.F.R 668.49(a). U.S. Department of Education.

[4]  The Handbook for Campus Safety and Security Reporting, 2016. Pg. 4-3, U.S. Department of Education.

Scope:

The content of this policy applies to all UW–Madison units, staff, faculty, students, volunteers and contractors whose cooperation is necessary for full compliance with the Clery Act.

Policy:

General policy

  1. The UW–Madison Police Department (UWPD) shall be responsible for coordinating compliance with the Clery Act, including the Annual Security Report, the Annual Fire Safety Report, and the Daily Clery Crime and On-Campus Residential Housing Fire Log.
  2. The Office for Student Conduct and Community Standards and Office of Human Resources - Workforce Relations shall maintain records of disciplinary referrals for liquor, drugs and weapons law violations that qualify for including in Clery Act reporting and share statistical data with UWPD.
  3. The Space Management Office within Facilities Planning and Management shall maintain records of University owned and controlled properties. The Space Management Office shall on an annual basis update the Clery Act Assistant Director with information about all University owned and controlled properties. The Space Management Office shall periodically notify the Clery Act Assistant Director regarding general changes or additions to any University owned or controlled properties.

Crime prohibitions, reporting and response

  1. UW–Madison prohibits the crimes of sexual assault, domestic violence, dating violence and stalking
  2. UW–Madison encourages the accurate and prompt reporting of all crimes to UWPD and appropriate police agencies when the victim of a crime elects to or is unable to do so
  3. Students and members of the community should report crimes, including sexual assault, domestic violence, dating violence and stalking, to the following offices:
    1. University of Wisconsin-Madison Police Department
    2. Office of Workforce Relations in the Office of Human Resources
    3. Dean of Students Office
    4. Title IX Coordinator or designee in the Office of Compliance

Annual security report (ASR)

  1. By October 1 of every calendar year, unless otherwise directed by the U.S. Department of Education, the Director of Clery Act Compliance shall coordinate the publishing and distribution of the Annual Security Report and Annual Fire Safety Report
  2. Annual Security Report data and Annual Fire Safety Report data shall be annually submitted to the U.S. Department of Education before the deadline established by that agency
  3. Policies, practices and descriptions included in the ASR shall be gathered and reviewed in collaboration with any necessary division and department on campus, including, but not limited to Student Affairs, University Housing, the Office of Human Resources - Workforce Relations, University Health Services, the Title IX Coordinator
  4. Statistics shall be gathered from reports to UWPD, the Dean of Students Office, the Office of Student Conduct and Community Standards, University Housing, the Office of Human Resources - Workforce Relations, the Title IX Program, International Academic Programs, reports submitted by other Campus Security Authorities, and local or outside law enforcement agencies with jurisdiction of UW–Madison’s Clery geography

Annual fire safety report (AFSR) and on-campus residential housing fire log

  1. Annual Fire Safety Report
    1. All units with on-campus residential housing or responsibility for fire safety and maintenance of on-campus residential housing facilities, shall coordinate with the Director of Clery Act Compliance for compilation of the Annual Fire Safety Report
  2. On-Campus Residential Housing Fire Log
    1. The Director of Clery Act Compliance or designee shall be responsible for maintaining a Clery Act-compliant On-Campus Residential Housing Fire Log
    2. Any unit with on-campus residential housing shall immediately report all fires that occur in an on-campus residential housing building to UWPD for inclusion in the On-Campus Residential Housing Fire Log

Timely warnings and emergency notifications

  1. UWPD is the designated and authorized unit to develop, coordinate and issue Clery Act-required timely warnings and emergency notifications

Emergency response and evacuation procedures

  1. UWPD, in collaboration with Environment, Health and Safety when necessary, shall be responsible for annual testing of UW–Madison’s emergency response and evacuation procedures to meet Clery compliance requirements
    1. Emergency response and evacuation procedures shall be tested on an annual basis
    2. Annual tests shall be documented and include a description of the exercise, the date and time, and whether the test was announced or unannounced
    3. UW–Madison’s emergency response and evacuation procedures shall be publicized in conjunction with the annual test

Missing students policy for on-campus residential housing units

  1. In compliance with 34 C.F.R. 668.46(b)(14), all UW–Madison units with on-campus residential housing, including University Housing, University Apartments, the College of Agriculture and Life Sciences, and the Dairy Cattle Center, shall maintain a policy to address missing student notification for students residing in on-campus residential housing.
  2. The unit’s missing student notification policy shall include, at a minimum, the following components and procedures:
    1. Provide an option for each student to identify a contact person or persons whom UW–Madison shall notify within 24 hours of the determination that the student is missing, if the student has been determined missing by UWPD or local law enforcement
      1. The contact information shall be registered confidentially, the information will be accessible only to authorized campus officials, and it shall not be disclosed, except to law enforcement personnel in furtherance of missing persons investigation
        1. This statement shall be communicated to students living in on-campus housing
    2. A list of titles of the persons or organizations to which students, employees or other individuals should report that an on-campus residential housing student has been missing for 24 hours
    3. Any missing student report shall be referred immediately to UWPD.
    4. If a student is under 18 years of age and not emancipated, UW–Madison shall notify a custodial parent within 24 hours of the determination that the student is missing, in addition to notifying any additional contact person designated by the student
      1. This statement shall be communicated to students living in on-campus housing.
    5. UW–Madison shall notify Madison Police Department within 24 hours the determination that a student is missing, unless Madison Police Department made the initial determination that the student is missing.
      1. This statement shall be communicated to students living in on-campus housing

Campus security authority identification, duties and training

  1. Identification
    1. “Campus Security Authority (CSA)” is a Clery Act-specific term that encompasses four groups of individuals and organizations associated with an institution:
      1. A campus police department or security department of an institution
        1. All individuals who work for the University of Wisconsin-Madison Police Department are CSAs
      2. Any individual or individuals who have responsibility for campus security, but who do not constitute a campus police or security department
        1. All individuals who provide security services for UW–Madison, including but not limited to private security services at UW Hospital and the Conference Centers, are CSAs under this category
        2. All individuals who provide security at campus parking kiosks, act as event security at UW–Madison sponsored sporting events, at large, registered parties, or escort students around campus after dark are CSAs under this category
      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
        1. As stated in Section “Crime Prohibitions, Reporting and Response,” individuals in UWPD, the Office of Human Resources - Workforce Relations, the Dean of Students Office and the Title IX Coordinator and/or designee in the Office of Compliance are CSAs.
      4. An official of the institution with significant responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings. An “official” is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of UW–Madison.
    2. The following roles do not meet the definition of a CSA or are otherwise exempt from CSA reporting:
      1. Faculty members who do not have any responsibility for student and campus activity beyond the classroom
      2. Professional or pastoral counselors acting in this role at the time they receive an otherwise reportable disclosure
    3. Victim Advocates and Ombuds will provide monthly, de-identified aggregate reports of any Clery disclosures received for inclusion in UW–Madison’s Annual Security Report
      1. Monthly aggregate reports will not be subject to timely warning or emergency notification evaluation
      2. Victim Advocates and Ombuds will maintain records keeping so that reports can be identified in the event of an external or internal audit.
      3. Upon receipt of a disclosure of sexual assault, domestic violence, dating violence and/or stalking, victim advocates and Ombuds will provide the reporter with rights and resources information, including but not limited to, how to formally report to UW–Madison or law enforcement, assistance in reporting if requested and how to obtain accommodations for academic, living, transportation and working situations
    4. The Director of Clery Act Compliance has the discretion to determine whether or not a particular role or individual meets the definition of a CSA
    5. CSAs will be notified of their status as a Campus Security Authority and advised of their roles and training requirements
  2. Duties
    1. CSAs shall immediately report all Clery-reportable crimes disclosed to them to the Clery compliance staff at UWPD
  3. Training
    1. CSAs shall complete annual training

 UW–Madison Clery liaison program

  1. All campus units and divisions shall designate at least one person to serve as a Clery Liaison and shall communicate the names(s) and contact information to the Director of Clery Act Compliance
  2. Clery Liaisons shall have the following responsibilities:
    1. Identify and register Campus Security Authorities in their unit
    2. Assist the Director of Clery Act Compliance in ensuring all unit CSAs complete annual training
    3. Assist the Director of Clery Act Compliance in communicating with CSAs when necessary
    4. Register all Clery geography used or created by the unit, as defined by the Clery Act

Primary prevention programming & victim response for sexual assault, domestic violence, dating violence and stalking

  1. University Health Services shall be responsible for incoming student primary prevention programming for sexual assault domestic violence, dating violence and stalking   
  2. The Title IX Coordinator shall be responsible for new employee primary prevention programming for sexual assault, domestic violence, dating violence and stalking
  3. At least one incoming student and new employee primary prevention program for sexual assault domestic violence, dating violence and stalking shall include the following information:
    1. A statement that UW–Madison prohibits the crimes of sexual assault, domestic violence, dating violence and stalking as those terms are defined by the Clery Act
    2. The definition of sexual assault, domestic violence, dating violence and stalking in UW–Madison’s jurisdiction
    3. The definition of “consent” in reference to sexual activity in UW–Madison’s jurisdiction
    4. A description of safe and positive options for bystander intervention
    5. Information on risk reduction
    6. Procedures victims should follow after a sexual assault, domestic violence, dating violence and/or stalking incident occurs, including written information about
      1. The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order
      2. How and to whom an alleged offense should be reported
      3. Options about the involvement of law enforcement and campus authorities, including notification of the victim’s option to
        1. Notify proper law enforcement authorities, including on campus and local police
        2. Be assisted by campus authorities in notifying law enforcement authorities if the victim chooses so; and
        3. Decline to notify such authorities
      4. Where applicable, the rights of victims and UW–Madison’s responsibilities, for orders of protection, no contact orders, restraining orders or similar lawful orders issued by a criminal, civil, or tribal court or by the institution
    7. Information about how UW–Madison will protect the confidentiality of victims and other necessary parties, including how UW–Madison will
      1. Complete publicly available record keeping, including Clery Act reporting and disclosures, without inclusion of personally identifiable information
      2. Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures
    8. A statement that UW–Madison will provide written notification to students and employees about existing health, mental health, victim advocacy, legal assistance, visa and immigration services, student financial aid and other services available for victims, both within UW–Madison and the outside community
    9. A statement that UW–Madison will provide written notification to victims about options for, available assistance in, and how to request changes to academic, living, transportation, and working situations, or protective measures. UW–Madison must make such accommodations or provide such protective measures if the victim requests them and if they are reasonably available regardless of whether the victim chooses to report the crime to campus police or local law enforcement
    10. An explanation of the procedures for institutional disciplinary action in cases of alleged sexual assault, domestic violence, dating violence and/or stalking including a statement that the proceedings will
      1. Include a prompt, fair and impartial process from the initial investigation to the final result
      2. Be conducted by officials who, at a minimum, receive annual training on issues related to sexual assault, domestic violence, dating violence and stalking, an on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability
      3. Provide the accuser and accused with the same opportunities to have others present during any institutional proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice
      4. Not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; how UW–Madison may establish restrictions regarding the extent to which an advisor may participate in the proceedings, as long as the restrictions apply equally to both parties
      5. Require simultaneous notification, in writing, to both the accuser and accused of
        1. The results of any institutional disciplinary proceeding that arises from an allegation of sexual assault, domestic violence, dating violence and/or stalking
        2. UW–Madison’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available
        3. Any change to the result
        4. When such results become final
    11. A statement that, when a student or employee reports to the institution that the student or employee has been a victim of sexual assault, domestic violence, dating violence and/or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of their rights and options
  4. UW–Madison will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration services, student financial aid and other services, both with UW–Madison and the community, available to victims of sexual assault, domestic violence, dating violence and/or stalking.
  5. Following a report of sexual assault, domestic violence, dating violence and/or stalking, whether the events occurred on or off campus, UW–Madison will provide the student or employee with a written explanation of the student’s or employee’s rights and options
  6. UW–Madison will provide written notification to sexual assault, domestic violence, dating violence and/or stalking victims about available options and assistance in the following:
    1. Academic situations
    2. Living situations
    3. Transportation situations
    4. Working situations
    5. Protective measures
  7. Accommodations or protective measures will be provided if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to university police or local law enforcement
  8. Definition of prohibited conduct and campus investigation and disciplinary procedures are further detailed in the UW–Madison Policy on Sexual Harassment and Sexual Violence.

 Investigations and disciplinary actions

  1. The Title IX Coordinator is responsible for ensuring that UW–Madison’s investigations into reports of sexual assault, domestic violence, dating violence and stalking are compliant with the Clery Act
  2. The Office of Student Conduct and Community standards is responsible for ensuring that campus student disciplinary processes are compliant with the Clery Act
  3. The Office of Human Resources - Workforce Relations is responsible for ensuring that campus employee disciplinary processes are compliant with the Clery Act
Related UW-Madison Policies:
Related UW–Madison Documents, Web Pages, or Other Resources:
External References:

Policy Administration

Approval Authority:
Vice Chancellor for Finance and Administration
Policy Manager:
Chief of Police
Contact:
Director of Clery Compliance -- Mickey Kienast, MAKIENAST@WISC.EDU
Effective Date:
12-31-2011
Revised Dates:

06-20-2018, 11-21-2018, 11-19-2019

Reviewed Dates:

9/1/2015

Retrieved:
04-27-2024 07:28:23