Drake University Memorandum

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act ("Clery Act"), a federal law, requires universities annually to compile and publish crime statistics for their campuses and surrounding areas.  (Additional information on the Act is set forth at the end of this memo.)

Some University employees, in connection with their jobs at the University, are required by the Clery Act to immediately report to Campus Security if any person reveals to them that they have been the victim, witness and/or perpetrator of any incident that might involve a crime.  The "mandatory reporters" under the Clery Act are as follows:

• Campus Security Staff
• University Administrators
• Residence Life Director and Staff
• Student Life Director and Staff
• Greek Life Director and Staff
• Dean of Students and Staff
• Resident Assistants
• Advisors to Recognized Student Organizations
• Director of Athletics and Athletic Team Head Coaches

Pursuant to the Cleary Act, these employees ("mandatory reporters") cannot promise anyone that information regarding crimes will be kept confidential, and should advise those seeking confidentiality to consult with the Counseling Center, their clergy or their lawyer.

Therefore, if you are a "mandatory reporter," and, in connection with your job at the University, any person reveals to you that they have been the victim, witness and/or perpetrator of any incident that might involve a crime, you must immediately provide details to Campus Security at 811 or 271-2222.  (Those mandatory reporters with already-established reporting requirements (e.g., RA's) should continue to report as directed.)

Faculty members are generally not considered mandatory reporters under federal law.  However, faculty who also serve as administrators or who serve as advisors to recognized student organizations are considered "mandatory reporters" and therefore do have a duty under the Clery Act to immediately report crimes to Campus Security.

Reporting a crime to Campus Security does not necessarily mean that charges will be filed. Instead, it allows the victim, witness or perpetrator to discuss with Campus Security options for handling an incident, and helps University officials obtain accurate information for federally-required statistical reporting. Please be sure to provide Campus Security with the individual's correct name and contact point (e.g. phone number or e-mail address).

Finally, even where there is no federal law duty to report a crime, (i.e., you are not a "mandatory reporter,") the University encourages all employees to always notify students and co-workers before receiving "confidences" that they will report to University Administration and/or Campus Security any matters where either a crime may have occurred, is likely to occur in the future or where mental or physical well-being may be threatened.  Failing to report such matters often means that persons in trouble are less likely to get needed help and may lead to civil tort liability.  Most important, prevention of future crimes or harm to other individuals is an ethical responsibility all of us share.

We hope that this will allow you to discharge your duties under the Clery Act, if any, with a minimum of inconvenience. Thank you for your cooperation. If you have questions, please contact Hans Hanson or the Provost's office.

CLERY ACT BACKGROUND INFORMATION

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 USC 1092(f),  requires colleges and universities to keep statistics and report the occurrence of the following crimes: Aggravated Assault Arson Burglary Manslaughter (Negligent) Motor Vehicle Theft Murder and Non-Negligent Manslaughter Robbery Sex Offenses - Forcible Sex Offense - Non-Forcible In addition, the University is required to report whether any of the above offenses were hate crimes, as well as to report whether any other hate crimes that involve bodily injury. According to the Department of Education, hate crimes are crimes that manifest evidence that the victim was intentionally selected because of victim's actual or perceived race, religion, sexual orientation, gender, ethnicity or disability. The University is further required to report these crimes separately for a number of different physical locations. These locations each have a complex legal definition, but include locations such as: campus residential facilities, on-campus locations other that residence facilities, non-campus buildings or property, including those owned or controlled by a recognized student organization, and public property. The regulations require the use of federal Uniform Crime Reporting definitions (UCR) and in some instances, definitions from the National Incident based Reporting System (UCR-NIBERS).

Given the complexity of the Clery Act, the University recognizes that it would be unrealistic to expect you to determine whether a given act meets the technical definition of a "crime."   Therefore, when in doubt, an incident should be reported to Campus Security.

If you have any questions about this communication, please do not hesitate to send them, via e-mail to Ron Troyer or Hans Hanson.