What is the Clery Act?The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, codified at 20 USC 1092 (f) as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private institutions of post-secondary education participating in federal student aid programs are subject to it. Violators can be "fined" up to $27,500 by the U.S. Department of Education, the agency charged with enforcement of the Act and where complaints of alleged violations should be made, or face other enforcement action. The Clery Act, originally enacted by the US Congress and signed into law by President George Bush in 1990 as the Crime Awareness and Campus Security Act of 1990, was championed by Howard & Connie Clery after their daughter, Jeanne, was murdered at Lehigh University in 1986. They also founded the non-profit Security On Campus, Inc. in 1987. Amendments to the Act in 1998 renamed it in memory of Jeanne Clery.It is always the policy of the University of West Georgia Police Department to provide to the public an annual campus security report and comply with the federal law known as the Clery Act. This security report will be updated annually and presented as one cohesive document as required by federal law 20 USC 1092 (f).
The Clery Coordinator is responsible for ensuring compliance with Department of Education regulations regarding the Clery Act. The Coordinator works closely with many groups on campus including Housing & Residence Life, Student Affairs, and Human Resources to fulfill all reporting requirements. The Coordinator also prepares the Daily Crime Log and Annual Security Report, as well as overseeing Immediate Notification / Timely Warning procedures. Please direct any questions regarding the Clery Act to the Clery Coordinator at firstname.lastname@example.org
Clery Act Definitions
Aggravated Assault: The unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodilyharm.
Arrest: For Clery Act purposes, arrest is defined as persons processed by arrest, citation or summons.
Arson : Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Burglary: The unlawful entry of a structure to commit a felony or a theft. The UCR classifies offenses locally known as Burglary (anydegree); unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny;housebreaking; safecracking; and all attempts at these offenses as Burglary.
Dating Violence: Violence committed by a person—
Who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors:
1) The length of the relationship;
2) The type of relationship; and
3) The frequency of interaction between the persons involved in the relationship.
Domestic violence: A felony or misdemeanor crime of violence committed by—
1) A current or former spouse or intimate partner of the victim,
2) a person with whom the victim shares a child in common,
3) A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner,
4) A person similarly situated to a spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant monies [under VAWA], or
5) Any other person against an adult or youth victim who is protected from that person’s
acts under the domestic or family violence laws of the jurisdiction.
Drug Law Violations: These are the violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture,distribution, sale, purchase,
use, possession, transportation or importation of any controlled drug or narcotic substance and the arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
Illegal Weapons Possession: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation,possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.
Liquor Law Violations: The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase,transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Included in this classification are:
1) the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor;
2) maintaining unlawful drinking places; bootlegging; operating still; furnishing liquor to a minor or intemperate person;underage possession; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; and attemptsto commit any of the above.
Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
Motor Vehicle Theft: The unlawful taking or attempted taking of a motor vehicle absent owners consent.
Negligent Manslaughter: The killing of another person through gross negligence.
Non-Campus 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 contiguousgeographic area of the institution.
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).
On Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
Referred for Disciplinary Action is defined as the referral of any person to any official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.
Referred in Lieu of Arrest is defined as a situation where circumstances would not permit a criminal arrest so the student is referred to the campus discipline system.
Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force orthreat of force or violence and/or by putting the victim in fear.
Stalking: A person commits the offense of stalking when he or she follows, places under surveillance, or contacts another personat or about a place or places without the consent of the other person for the purpose of harassing and intimidating the otherperson (OCGA 16-5-90, 2014). When a person engages in this course of conduct, a reasonable person may:
1) Fear for his or her safety or the safety of others; or
2) Suffer substantial emotional distress.
Rape: A person commits the offense of rape when he has carnal knowledge of a female forcibly and against her will; or female who is less than ten years of age. Carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sexorgan. The fact that the person allegedly raped is the wife of the defendant shall not be a defense to a charge of rape (OCGA 16-6-1, 2014).
Fondling: Fondling occurs when he or she intentionally makes physical contact with the intimate parts of the body of anotherperson without the consent of that person also known as sexual battery (OCGA 16-6-22.1, 2014)
Statutory Rape: A person commits the offense of statutory rape when he or she engages in sexual intercourse with any personunder the age of 16 years and not his or her spouse, provided that no conviction shall be had for this offense on the unsupportedtestimony of the victim (OCGA 16-6-3, 2014).
Incest: A person commits the offense of incest when such person engages in sexual intercourse or sodomy; as such term is defined in state law 16-6-2, with a person whom he or she knows he or she is related to either by blood or by marriage as follows:
1) Father and child or stepchild;
2) Mother and child or stepchild;
3) Siblings of the whole blood or of the half-blood;
4) Grandparent and grandchild;
5) Aunt and niece or nephew; or
6) Uncle and niece or nephew.
Clery Act Responsible Area Map: Carrollton
Clery Act Responsible Area Map: Newnan