Who Has To Report Clery Act Crimes?

So, you are the coach of the men's basketball team. You don't have to worry about this Clery Act reporting, Right? Wrong! The Department of Education states that if you are a "Campus Security Authority" then you must report crimes for inclusion in the crime statistics for your school if you become aware of them. If you have significant responsibility for student activities then you are considered a Campus Security Authority.

How do you determine if you are a campus security authority? The Department of Education leaves this determination a little foggy. It is determined by the function of the job you do, not by the title of the job. For instance, a faculty member who has no function other than to walk into the classroom and teach and does not advise students probably wouldn't need to be considered a campus security authority. However, if the faculty member has significant interaction with students outside of a classroom, such as a coach of a basketball or football team, then that faculty member would be considered a campus security authority. Also, if the faculty member is in an advisory role, then the faculty member must report crimes that they become aware of.

"The function of a campus security Authority is to report to the appropriate law enforcement personnel, either campus police or local police, or to an official or office designated by the institution, those allegations of Clery Act crimes that he or she concludes are made in good faith." (U.S. Department of Education, Office of Postsecondary Education, The Handbook for Campus Crime Reporting, Washington, D.C., 2005)

Failure to report crimes properly can lead to fines of up to $27,500 per violation so it is good to be aware of Clery and its complicated requirements. This is something that could put a crunch on your budgets if you are at a large school and something that could put you out of business if you are at a small school. It will pay to know whether you are a campus security authority or not.