The Jeanne Clery Act
Compliance Statement: The Crime Awareness and Campus Security Act of 1990 Clery Campus Crime Statistics
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is the federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The Clery Act also requires reporting crimes on public property not owned or controlled by the college. (SUNY Empire State College is a nonresidential college.)
Colleges and universities are required to publish an annual report every year that contains three years’ worth of campus crime statistics and certain security policy statements including sexual assault policies that assure basic victims’ rights, the law enforcement authority of campus police, security/public safety and where students should report crimes. The report is to be made available to all current students and employees. Prospective students and employees are to be notified of its existence and given an opportunity to request a copy. It remains the responsibility of the Office of Safety & Security for the collection of crime reports and distribution of the annual crime statistics and report by Oct. 1 of each calendar year.
The SUNY Empire State College “Annual Safety and Security Report” is available to all current and perspective SUNY Empire State College students and employees upon request.
The “Annual Safety and Security Report” includes:
- Statistics on the number of on-site murders, rapes, robberies, aggravated assaults, burglaries, motor vehicle thefts, bias-related crimes and arrests for weapons possessions and liquor and drug abuse violations;
- Policies regarding security, access to college and other facilities, and college law enforcement;
- Procedures for reporting crimes and other emergencies;
- Information on college sexual assault and rape awareness programs, procedures to follow when a sex offense occurs, disciplinary action procedures, counseling opportunities and notification to students that SUNY Empire State College will make reasonable changes of a victim’s academic situation if the victim so chooses;
- Policies on the use, possession and sale of alcoholic beverages and illegal drugs; and
- A description of SUNY Empire State College programs informing the college community about alcohol and drug abuse education, crime prevention and college security practices.
- Sex offender registry information, New York State Sex Offender Registry and NYS Sex Offender Registry home page. You also can call 800-262-3257.
- Procedures for emergency response, emergency communications and emergency evacuation procedures.
Geographic Locations Used Under the Clery Act
- On Campus: 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).
- Noncampus Building or Property: 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.
- On Public Property: All public property, including thoroughfares, streets, sidewalks and parking facilities, that is within the college, or immediately adjacent to and accessible from the college.
Safety and Security – Our Responsibility
The Office of Safety & Security is responsible for compiling and disseminating the Campus Safety Report annually as required by the Federal Student Right-to-Know Law and Campus Security Act, which was signed into law November 1990. The purpose of this report is to provide SUNY Empire State College faculty, staff, students and prospective students with college safety information including crime statistics and procedures to follow in order to report a crime. Title II of this act was known as the Crime Awareness and Campus Security Act, which was amended and renamed in 1998 to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, known as the Clery Act. The Clery Act mandates that institutions receiving Title IV federal funds disseminate crime statistics for certain serious offenses that occurred on-site and in adjacent areas for the current reporting year and the previous two calendar years.
- On an annual basis, the Office of Safety & Security solicits information from any and all law enforcement agencies with geographical jurisdiction over any and all SUNY Empire State College locations about criminal activity reported to those agencies. The information requested outlines crimes reported to the agencies that happened on or near an SUNY Empire State College location or involved members of the college community.
- This report of crimes reflects but is not limited to crimes outlined under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act).
- The Office of Public Safety compiles data as outlined under the Clery Act and makes them available annually to the college community. Upon request, these data shall be provided to prospective students and employees.
- Data obtained and reported to the Office of Safety & Security is held for seven years after an individual year report is published.
SUNY Empire State College, the New York State Campus Safety Act, Compliance Statement
SUNY Empire State College acknowledges the importance of college safety and investigating crime. By means of this statement SUNY Empire State College adheres to formal plans that provide for the investigation of missing students and violent felony offenses committed on-site. Memorandums of understanding throughout New York have been executed with various local law enforcement agencies to specifically address this issue.
What is the New York State Campus Safety Act?
This law was enacted in 1999. It was prompted by the unexplained disappearance of Suzanne Lyall from the State University of New York at Albany campus in 1998. The reforms made by this law acknowledge that improving campus safety must begin with swift and efficient investigative action and optimum access to missing person information by student’s families and the public. The act:
- Requires all public, private, community colleges and universities in New York to have formal plans that provide for the investigation of missing students and violent felony offenses committed on campus;
- Expands the responsibilities of the NYS Division of Criminal Justice Services (DCJS) Missing and Exploited Children Clearinghouse to provide assistance with the dissemination of information about missing college students.
Investigations of Missing Persons SUNY Empire State College Missing Person’s Compliance Statement
A “missing student” or “missing person,” means any student of SUNY Empire State College subject to provisions of section 355 (17) of the New York State Education Law. SUNY Empire State College does not operate or employ residence halls. Therefore, any and all persons reported missing to SUNY Empire State College, or the Office of Safety & Security will be reported to the Saratoga Springs Police Department or law enforcement having immediate jurisdiction. In 2003, President George W. Bush signed into law “Suzanne’s Law,” requiring police to notify the National Crime Information Center (NCIC) when someone between 18 and 21 is reported missing, as part of the national “Amber Alert” bill.
Memorandums of Understanding
SUNY Empire State College, [in accordance with the provisions of Procedure No. 3650, dated July 1, 2004, set forth by the State University of New York, Campus Conduct and Other College Property Used for Educational Purposes, and The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, codified at 20 USC 1092 (f), Crime Awareness and Campus Security Act of 1990 otherwise known as the Campus Safety Act] developed memorandums of understanding with local law enforcement to address enforcement of laws at the college, to assist in the reporting of missing persons and investigate and respond to violent felony crime under New York Penal Law §70.