Clery Act Compliance Policy

Applies to:	Original Policy Date:	Date of Last Review	Approved by:
All Florida Tech campuses and employees	02/26/2021	2/15/2023	Dr. Marco Carvalho Executive Vice President & Provost

Policy Purpose

The purpose of this policy is to describe the requirements and responsibilities of the university in complying with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998, commonly referred to as the Clery Act.

Policy Scope

This policy applies to reporting and other activities related to compliance with the Clery Act and to those who have responsibilities under the Act and/or this policy.

Policy Statement

To maintain a safe and secure environment for its faculty, staff, students, and visitors, Florida Tech complies with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998 as amended, in accordance with policy guidelines.

Procedures/Guidelines

To support compliance with the Clery Act, the university will:

Issue an Annual Security and Fire Safety Report – By October 1 each year, the Clery Compliance Officer will publish an Annual Security and Fire Safety Report documenting the preceding three calendar years of Clery crime statistics, security policies and procedures, and information on the basic rights guaranteed to victims of sexual assault. All crime statistics must be reported to the U.S. Department of Education. Florida Tech publishes a combined Annual Security and Fire Safety Report. These are not published separately.

This report must be made available to all prospective and current students and employees. To ensure its availability, it is published on the website and the Offices of Admission, Human Resources, and Security publish a link to the report with a brief description on their respective websites. A link to the report is included in the University Catalog, on the Consumer Information page, and in the annual Consumer Information Notification email to students and employees. Paper copies of the report are available upon request from the Department of Security at the Security/Welcome Center.
Identify, Notify, and Train CSAs (Campus Security Authorities) – Florida Tech reviews and identifies positions which meet the definition of a CSA bi-annually, and notifies individuals of their obligations under the Clery Act to report any and all Clery crimes witnessed by or reported to them, which may have occurred on the institution’s Clery Act geography. Florida Tech requires that all CSAs complete training on their responsibilities and reporting requirements under the Clery Act and the university provides this training on an annual basis. Employees designated as CSAs take the online CSA Clery Act training module on the university’s training system or during scheduled face-to-face trainings. Interns, volunteers, and contractors take the online CSA Clery Act training module on the university’s training system.

For questions about CSA Clery Act training, contact the Clery Compliance Officer at clerycompliance@fit.edu.
Disclose Crime Statistics – Crime statistics for incidents that occur on Florida Tech’s Clery Act geography must be disclosed in the Annual Security Report.

Please see Clery Crimes in policy definitions for crimes that are reported in accordance with The Clery Act.

Crime reports are designated unfounded only in accordance with criteria stipulated by the Clery Act, which also specifies disclosure requirements for such reports.
Issue Timely Warnings – Florida Tech provides timely warnings about Clery crimes which pose a serious or ongoing threat to the campus community. The process of providing timely warnings is articulated in the Timely Warning Policy. Timely warnings may be issued for Clery crimes occurring on the university’s Clery Act geography.

Crimes that would otherwise be reportable, but which are reported to a licensed mental health counselor or pastoral counselor in the context of a privileged (confidential) communication, are not subject to the timely warning requirement.
Issue Emergency Notifications – Florida Tech informs the university community per requirement about significant emergency events or dangerous situations involving immediate threats to the health or safety of Florida Tech employees, students, and/or visitors occurring on or near campus. An emergency notification expands the definition of timely warning as it includes both Clery crimes and other types of emergencies (e.g., fire, infectious disease outbreaks, etc.). Emergency events may be localized; therefore, notifications may be tailored exclusively to the segment of the university community at risk.

Florida Tech has emergency response and evacuation procedures in place specific to its on-campus facilities. A summary of these procedures is disclosed per regulation in the annual security report. Additionally, emergency response procedures must be tested at least annually.

Note: Exceptions occur during emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency, or mitigate the emergency. These cases are not subject to the emergency notification requirement.
Respond to Reports of Missing On-Campus Residential Students – Florida Tech responds to reports of missing university housing residents in accordance with the Missing Student Notification Policy. The university provides every student living in Florida Tech housing the opportunity and means to identify an individual to be contacted in an emergency.

The Department of Security will investigate all reports of missing students and will notify and cooperate with law enforcement agencies as necessary to further the investigation.
Compile, Report, and Publish Fire Data – The Higher Education Opportunity Act of 1998 (HEOA) amended the Clery Act to include fire statistics. The Fire Safety Officer produces the information to be included in the Annual Fire Safety Report section. In accordance with HEOA regulations, the university collects and discloses fire statistics for each on-campus student housing facility for the three most recent calendar years for which data are available. Each such facility must be identified in the statistics by name and street address, regardless of whether any fires have occurred.

Additionally, the Fire Safety Officer provides a description of the fire safety system in each student housing facility that is included in the Annual Fire Safety Report section. 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. The Fire Safety Officer will submit the Annual Fire Safety Report section to the Clery Compliance Officer for inclusion in the statistics reported to the U.S. Department of Education. The report is available on the university’s Clery Act Compliance website.
Maintain a Public Daily Crime Log – Florida Tech maintains, per regulation, a daily crime log documenting the “nature, date, time, and general location of each crime” reported to the Department of Security within the last 60 days, and the disposition, if known, of the reported crimes. Incidents must be entered into the log within two business days of receiving the report. The daily crime log is available on the Department of Security website, or in person at the Security/Welcome Center during normal business hours. 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.
Maintain a Public Daily Fire Log – Florida Tech maintains, per regulation, a daily fire log documenting the nature of the fire, date the fire occurred, date and time the fire was reported, and the general location of each fire-related incident in an on-campus student housing facility reported to any Florida Tech official. Incidents must be entered into the log within two business days of receiving the report. The daily fire log is available on the Department of Security website, or in person at the Security/Welcome Center, during normal business hours. Requests for public inspection of daily fire log entries beyond 60 days must be made in writing and will be made available within two business days of the request.

Definitions

Campus Security Authority (CSA)
individuals at Florida Tech who, due to official job duties, ad hoc responsibilities, or volunteer engagements, are required by federal law under the Clery Act to report a crime when it has been observed by them or reported to them by another individual. These individuals typically fall under one of the following categories:

a member of a campus police or security department;
individuals responsible for campus security in some capacity but who are not members of a campus police or security department (e.g., an individual who is responsible for monitoring the entrance to Florida Tech property);
individuals or offices that are not members of the department of security, but where policy directs other individuals to report criminal offenses to them or their office; and
officials having significant responsibility for student and campus activities, including but not limited to, student housing, student conduct, and campus judicial proceedings.

Official
any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution. These include, but are not limited to:

security personnel;
athletic directors or coaches;
faculty and staff serving as student organization advisors;
Housing and Residence Life Staff (excluding clerical and maintenance staff);
director of a campus health center;
coordinators of Fraternity and Sorority Life; and
Title IX Coordinators.

CSAs are determined based on criteria established in the Clery Act Appendix for FSA handbook and The Handbook for Campus Safety and Security Reporting.

Clery Compliance Officer
is responsible for gathering crime statistics from the Department of Security, Offices of Housing and Residential Life, the Title IX Office, Office of the Dean of Students, local law enforcement, and other CSAs.

Clery Act Crimes (Clery Crimes) - crimes required by the Clery Act to be reported annually include the following:

criminal homicide (murder, non-negligent manslaughter, and manslaughter by negligence);
sex offenses (rape, fondling, statutory rape, and incest);
robbery;
aggravated assault;
burglary;
motor vehicle theft;
arson;
hate crimes (including larceny-theft, simple assault, intimidation, or destruction, damage, or vandalism of property that is motivated by bias);
dating violence;
domestic violence;
stalking; and arrests or referrals for disciplinary action for any of the following:
- liquor law violations;
- drug law violations; and
- weapon law violations.
Hate Crimes must be reported by category of bias, including:
- race
- gender
- religion
- sexual orientation
- ethnicity;
- national origin;
- gender identity; and
- diversity

To view crime definitions, refer to the Clery Act Crimes and Locations webpage.

Clery Act Geography – property that is owned, leased, or controlled by the institution which includes:

On-Campus Buildings or Property – any building or property owned or controlled by the university within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to the institution’s educational purposes, including residence halls and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as food or retail vendors.
Student Housing Facilities (on-campus subset) – any student housing facility that is owned or controlled by the institution or is located on property that is owned or controlled by the institution and is within the reasonably contiguous geographic area that makes up the campus.
Public Property – all public property, including thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus; and
Non-Campus Buildings or Property – any building or property owned or controlled by a student organization that is recognized by the institution; and any building or property (other than a branch campus) owned or controlled by the university 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 (e.g., school-sponsored trips; short-stay, away trips; Study Abroad program locations).

For a better understanding of Clery Act geography categories refer to the Crime Awareness and Clery Act webpage.

Emergency Notification – an announcement triggered by a significant emergency event or dangerous situation involving an immediate threat to the health or safety of Florida Tech’s faculty, staff, students, or visitors on Florida Tech campuses. This expands upon the definition of “timely warning” to include both Clery crimes and other types of emergencies or events that pose an imminent threat to the university community.

Emergency Event – any event, natural or human-induced, with the potential to cause significant injuries or deaths; to shut down Florida Tech; disrupt operations; cause physical or environmental damage; or threaten Florida Tech’s reputation.

Examples include:

fire
hazardous materials incidents
flooding
severe weather
winter weather
hurricanes
tornados
earthquake;
radiological accident
explosion
biological or chemical release
public health threat (excluding flu outbreak which is covered under state policy)
acts of violence
acts of terrorism

Emergency Notification System – a mechanism established for the purpose of and dedicated to enabling Florida Tech officials to quickly contact or send messages to employees and students in the event of an emergency. Examples include, but are not limited, to fire alarms, sirens, alerts via email or text message, local T.V. and radio, etc.

Timely Warning – an alert triggered when Florida Tech determines that a crime which has already been committed but continues to present a serious or ongoing threat (e.g., a homicide, sex offense, or robbery) must be reported to the campus community.

Responsibilities

The Clery Compliance Officer is responsible for:

monitoring Florida Tech’s Clery Act compliance;
updating this policy to ensure it reflects federal legislation, as amended;
reviewing geographic categories annually, with the assistance of the Offices of Finance and Facilities Operations (e.g., property inventory, real estate lists);
establishing procedures for collecting student trip information (e.g., short-stay away trips, athletic trips, student sponsored trips, Study Abroad trips, etc.) to request crime statistics from these sites annually (if they meet Clery Act requirements);
requesting crime statistics from state and local law enforcement agencies with jurisdiction on or within Florida Tech’s Clery Act geography in coordination with the Department of Security;
collecting and reconciling crime statistics received by state, county and local law enforcement agencies;
collecting all primary and ongoing prevention program and campaign information from key departments for inclusion in the Annual Security and Fire Safety Report;
ensuring notices announcing the availability of the Annual Security and Fire Safety Report are properly developed and available to students and employees;
coordinating identification, notification, and training of Florida Tech’s CSAs;
requesting crime statistics bi-annually from all CSAs;
coordinating, preparing, publishing, and distributing Florida Tech’s Annual Security and Fire Safety Report and the university’s documenting of these activities;
submitting crime and fire statistics to the U.S. Department of Education via the Campus Safety and Security Survey (i.e., the web-based data collection survey);
serving as the chair, recording secretary, and organizer for the Clery Act Compliance Committee and Clery Act Data Integrity Subcommittee;
overseeing the regular collection and reconciliation of campus crime data amongst offices that house significant numbers of campus crime reports, including the Offices of Title IX, Housing and Residential Life, and the Dean of Students and the Department of Security;
requesting crime statistics from Human Resources and Athletics (these offices are not responsible for submitting monthly reports);
retaining and maintaining all required Clery Act records;
managing the Clery Act Compliance website;
providing remote or in-person training to key departments and other CSAs when deemed necessary (in addition to online CSA Clery training);
providing paper copies of the Annual Security and Fire Safety Report upon request.

Director of Security is responsible for:

collecting, classifying, counting, and disclosing crime statistics reported to the Department of Security to the Clery Compliance Officer;

Maintaining monthly a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Compliance Officer;

creating and maintaining the daily crime and fire log;

receiving and evaluating CSA Clery Act Incident Report forms and Department of Security incident reports for statistical counting, a daily crime log entry, and verification of required timely warnings or emergency notifications;

ensuring that all fires not immediately known to be accidental are investigated or considered by the institutional official designated to make arson determinations;

investigating bias-related incidents for purposes of determining whether a reportable hate crime has occurred;

assessing crime reports for purposes of determining whether a timely warning should be distributed;

assessing either unilaterally or collaboratively with other subject matter experts whether a situation requires an emergency notification;

providing the Clery Compliance Officer with information on the department’s ongoing prevention and awareness programs and campaigns to prevent dating violence, domestic violence, sexual assault, and stalking. This is done in order to satisfy Clery Act requirements and appropriately record them in the Annual Security and Fire Safety Report;

investigating all reports of missing student residents by notifying and cooperating with other law enforcement agencies, as necessary; and

conducting a Clery Act compliance “test” which includes scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities. The test must address emergency response and evacuation on a campus-wide scale.

CSAs are responsible for:

understanding Clery Act requirements pertaining to reportable crimes;
completing training and education, as determined by the Clery Compliance Officer; and
immediately reporting Clery crimes to the Department of Security.

Dean of Students (Student Conduct) is responsible for:

collecting, classifying, counting, and disclosing crime statistics (including, but not limited to, referrals for disciplinary action involving liquor law violations, drug law violations, and weapon law violations) reported to their department to the Clery Compliance Officer during the monthly reconciliation meetings;
Maintaining monthly a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Compliance Officer;
promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in the Dean of Students (Student Conduct) Office or function that are not referred from the Department of Security in order to assess crime reports for purposes of timely warnings or emergency notifications; and
ensuring adherence to all Clery Act required processes, procedures, policies, and other system requirements of university disciplinary systems. For example, Florida Tech must disclose, upon written request, to an alleged victim of a crime of violence, the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense.

The Office of the Provost, or designated office, is responsible for:

ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of Florida Tech’s awareness and prevention campaign (i.e., Drug Free Schools and Community Act. DFSCA). This programming will be identified, provided, or facilitated in collaboration with campus and local subject matter experts, with guidance from evidence-based research, and outcomes assessments satisfying Clery Act requirements.

The Office of the Dean of Students (Fraternity and Sorority Life) is responsible for:

promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in the Dean of Students Office (Fraternity and Sorority Life) or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
annually certifying the locations that are owned or controlled by fraternities and sororities;
promptly notifying the Clery Compliance Officer of any changes to locations that are owned or controlled by fraternities and sororities;
notifying the Clery Compliance Officer of any fraternities or sororities that lose institutional recognition; and
annually, notifying the Clery Compliance Officer of any advisors to fraternities or sororities, or promptly notifying upon change or revision of advisors so they can be trained and identified as CSAs.

The Office of the Dean of Students (Student Involvement) is responsible for:

promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in the Student Involvement office or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
collecting, classifying, counting, and disclosing crime statistics reported to their department to the Clery Compliance Officer;
Maintaining monthly a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Compliance Officer.
annually providing the Clery Compliance Officer with a list of advisors of any recognized and registered student organizations and providing prompt notification of any changes to the list in order to identify and train these officials as CSAs;
implementing a system (as part of the application to be recognized and registered, or to maintain recognition and registration) to gather information about any locations a student organization owns or controls so that Florida Tech can request and disclose statistics for those locations;
promptly providing copies of any registered student organization’s travel forms submitted to Student Involvement to the Clery Compliance Officer; and
reviewing the Annual Security and Fire Safety Report to ensure its content is consistent with Florida Tech policies and procedures, and it accurately depicts the practices of the university.

The Fire Safety Officer is responsible for:

producing the Annual Fire Safety Report section in accordance with the current legislation and updating the Annual Security and Fire Safety Report language to reflect legislative updates and interpretations;
providing the Annual Fire Safety Report section statistics to the Department of Security within two business days to ensure proper entry in the daily fire log;
maintaining a list of all drills and exercises conducted by the university;
conducting an annual test of the university’s emergency response and evacuation procedures that meet all Clery Act requirements, including documenting compliance activity and providing proof to the Clery Compliance Officer;
tracking the number of fire drills conducted in each residential facility (for reporting in the Annual Fire Safety Report section);
tracking the number of fires in each residential facility (for reporting in the Annual Fire Safety Report section);
annually notifying the Clery Compliance Officer of any titles of persons or organizations to which students and employees should report fires, including prompt notification of changes to these persons or organizations;
annually providing the Clery Compliance Officer with a list of any fire safety education and training programs provided to students and employees;
annually providing the Clery Compliance Officer with fire safety system information for student housing facilities;
reviewing the Annual Security and Fire Safety Report to ensure its content is consistent with Florida Tech policies and procedures, and it accurately depicts the practices of the university.

The Admissions Office is responsible for: ensuring Florida Tech provides prospective students with the required four-part notice of availability of the Annual Security and Fire Safety Report before admission (typically via the Admissions website).

The Office of the Registrar is responsible for: providing the Clery Compliance Officer with all academic locations each semester in order to determine the applicability of the Clery Act at those locations.

The Office of Human Resources is responsible for:

promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in Human Resources or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
collecting, classifying, counting, and disclosing crime statistics reported to the department to the Clery Compliance Officer;
Maintaining monthly a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide the Clery Compliance Officer;
assisting in integration of CSA responsibilities into applicable position descriptions
notifying the Clery Compliance Officer of any new hires and departures to ensure incoming personnel (or individuals assuming interim responsibilities in the absence of a permanent hire) can be notified of any CSA responsibilities and training;
ensuring that Florida Tech provides prospective employees with the required four-part notice of availability of the Annual Security and Fire Safety Report before they are hired (typically via the Human Resources website );
ensuring all Clery Act required processes, procedures, policies, etc., are satisfied (e.g., the documentation of alcohol and drug policies and abuse support resources); and
reviewing the Annual Security and Fire Safety Report to ensure its content is consistent with Florida Tech policies and procedures, and it accurately depicts the practices of the university.

The Athletics Department is responsible for:

annually providing all conduct referral data to the Clery Compliance Officer for inclusion in the Annual Security and Fire Safety Report;
ensuring staff in key CSA roles are familiar with Clery Act requirements;
promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in Athletics or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
notifying the Clery Compliance Officer of any locations that are controlled by athletic teams (such as lodging for repeated use and short-stay, away trips and locations where a written agreement provides Florida Tech with control, such as leased space like golf courses, fields, etc.);
annually providing the Clery Compliance Officer with a list (as well as prompt updates of changes to the list) of all individuals who are coaches, assistant coaches, and athletic directors, trainers, sport, or program coordinators, etc., designated as CSAs in order for them to be identified and trained as CSAs;
reviewing the Annual Security and Fire Safety Report to ensure its content is consistent with Florida Tech policies and procedures, and it accurately depicts the practices of the university.

Office of Title IX is responsible for:

promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in the Office of Title IX or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
collecting, classifying, counting, and disclosing crime statistics reported to the department to the Clery Compliance Officer. This includes maintaining an audit trail to identify all reported offenses;
Maintaining monthly a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Compliance Officer;
ensuring that officials involved in the investigation or resolution of dating violence, domestic violence, sexual assault, or stalking receive annual training on these issues, and on how to conduct an investigation and hearing process that protects the safety of the victims and promotes accountability;
providing the Clery Compliance Officer with information on the institution’s ongoing prevention and awareness programs and campaigns to prevent dating violence, domestic violence, sexual assault, and stalking to satisfy Clery Act requirements and appropriately record in the Annual Security and Fire Safety Report;
ensuring that institutional sexual misconduct and response policies conform to the procedural requirements associated with the Violence Against Women Act Amendments to the Clery Act;
reviewing the Annual Security and Fire Safety Report to ensure its content is consistent with Florida Tech policies and procedures, and it accurately depicts the practices of the university; and
developing a process to provide students and employees who report that they have been a victim of dating violence, domestic violence, sexual assault, or stalking with a written explanation of the student’s or employee’s rights and options under the Clery Act.

Office of Study Abroad is responsible for:

promptly forwarding (using the CSA Clery Act Incident Report form) any Clery crimes that are reported to CSAs in the Study Abroad Office or function that are not referred from the Department of Security so they may assess crime reports for purposes of timely warnings or emergency notifications;
notifying the Clery Compliance Officer of any Study Abroad advisors and program leaders in advance of travel in order for them to be trained and identified as CSAs; and
providing copies of any submitted Study Abroad Office travel forms and agreements to the Clery Compliance Officer.

Office of the Dean of Students is responsible for:

providing any submitted student travel information to the Clery Compliance Officer; and
ensuring the Clery Compliance Officer has access to retrieve student travel information from selected recordkeeping system.

Office of Finance (Real Estate Office) is responsible for:

maintaining an updated and indexable or searchable electronic list (e.g., such as a spreadsheet) of all locations owned or controlled by Florida Tech (the list should include dates of control or ownership as well as, where applicable, any portion of the building or facility that is owned or controlled), and records of collaboration with the Department of Security; and
notifying the Clery Compliance Officer when Florida Tech purchases, leases, joins in written agreements for use of, or sells a location, including the dates of leases or other use agreements lifespans.

Office of Facilities Operations is responsible for maintaining a current map of all locations owned or controlled by Florida Tech.

Compliance Reference

Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998 as amended (commonly referred to as the Clery Act) 20 U.S.C. § 1092; 34 CFR 668.46.

The Higher Education Opportunity Act of 1998 (HEOA)

Enforcement

Failure to comply with and abide by the rules and regulations set forth in policy may give rise to disciplinary action, up to and including separation from the University.