The Clery Act requires that we gather and publish crime data to ensure that students and others know about dangers on campus. The Act is a federal law that requires the institution to identify individuals and organizations that meet the definition of a campus security authority. “Campus security authority” is a Clery- specific term that encompasses groups of individuals and organizations associated with an institution including:
Under Clery, a crime is “reported” when it is brought to the attention of a campus security authority or local law enforcement personnel by a victim, witness, other third party or even the offender. It doesn’t matter whether or not the individuals involved in the crime, or reporting the crime, are associated with the institution. If a campus security authority receives the crime information and believes it was provided in good faith, he or she should document it as a crime report.
CSA’s have an important role in complying with the Clery Act. Their crime reports are used by the college to fulfill its responsibility to annually disclose Clery crime statistics, and to issue timely warnings for Clery crimes that pose a serious or continuing threat to the campus community.
Responsibilities of the CSA:
If someone tells a CSA about a listed Clery crime or an incident that may be a crime, the CSA must record the information and assist in submitting a report in a timely manner. The crime can be reported by the victim or by the CSA.
If there is a serious or continuing threat, the CSA will call UPD immediately.
The Victim may choose not to file a report with Police. In this case, the CSA must report the incident.
If a CSA is unsure whether an incident is a Clery crime, or even if it’s criminal in nature, they should report it.
Crime reports should contain as much information about a criminal incident as possible including personally identifying information, if available. This is important for law enforcement purposes and to avoid double counting crimes. Reports should also include date, time, location and nature of the crime reported to the CSA.
Reports can be submitted electronically under the Forms section on the UPD website: www.newpaltz.edu/police
Clery Act: Locations, Crimes, and Definitions:
The Clery Act encompasses certain crimes and incidents that occur on four specific “Clery” defined locations. These locations are as follow:
1. On-Campus Property: 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. This also includes all campus interior roads, sidewalks, woods, fields, and campus parking lots.
2. On-Campus Residential Facilities:
Bevier Hall Bliss Hall Bouton Hall
Capen Hall Crispell Hall Dubois Hall
Deyo Hall Esopus Hall Gage Hall
LeFevre Hall Lenape Hall Ridgeview Hall
Scudder Hall Shango/College Hall
3. Non Campus 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.
3A. SUNY New Paltz has NO off campus properties owned or controlled by student organizations. (This includes any Greek and athletic houses which are owned by local landlords or former students instead.)
3B. SUNY New Paltz has NO off campus properties leased or owned by the College used in relation to the College’s educational purposes;
3C. However, any buildings or properties rented or leased by the College for sponsored trips and/or study abroad during extended or repeated stays, including extended stays in local hotels for residence halls overflows do count as Non Campus Property. Any Clery crimes occurring at these locations, even though they are off-campus, do count towards the College’s Clery crime statistics.
**Note: Non Campus Property should not be confused with Off-Campus property. Any crimes that occur off campus are not counted for Clery purposes. (However, there are some crimes, including sexual assault, that are forwarded to the Title IX Coordinator even if they occurred off campus)
4. Public Property: Any property owned by a public entity, such as a city or state government that is within the campus, or immediately adjacent to and accessible from the campus. This includes thoroughfares, streets, sidewalks and parking facilities. The following public property can be counted for Clery purposes for SUNY New Paltz:
State Route 32S along campus property
State Route 208 along campus property
Plattekill Ave along campus property
Tricor Ave in front of VLC
Habrouck Ave adjacent to VLC
Mohonk Ave adjacent to VLC
Southside Ave, East of Rt 208
Clery Act Crimes:
The Clery Act classifies the following specific crimes that CSA’s are required to report:
(The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations and liquor law violations are excerpted from the FBI’s Uniform Crime Reporting Handbook (UCR). Hate crimes are classified according the the FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection. The definitions of sex offenses (unless otherwise stated), dating violence, domestic violence, and stalking are excerpted from the Violence Against Women Act.)
For Clery purposes, hate crimes include any previously listed as well as the following offenses if they include an element of bias/hate.
In addition to disclosing statistics for the aforementioned offenses, the Clery Act requires institutions to disclose violations of the law resulting in arrests or persons being referred for disciplinary action in the following categories:
Weapons: The violation of NYS laws or local ordinances dealing with weapon offenses, regulatory in nature, such as manufacture, sale or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons/ and all attempts to commit any of the aforementioned.
“Deadly weapon” refers to any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic/metal knuckles, as defined by the Penal Law of the State of New York.
Drugs: The violation of NYS laws or local ordinances 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.
Alcohol: The violation of NYS laws or local ordinances prohibiting the manufacturing, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.