Clery Safety Act

Policy 301.4

1. Introduction

1.1 Appalachian State University (the “University”) is committed to maintaining a safe and secure campus environment in accordance with the Jeanne Clery Campus Safety Act (the “Clery Safety Act”). The Clery Safety Act requires institutions to disclose specified crime report statistics on and near campuses, provide other safety and crime information to the campus community in an accurate, complete, and timely manner, and maintain written policies and procedures implementing the Clery Safety Act.

2. Scope

2.1 This policy applies to all members of the University community, including students, staff, faculty, and third-parties.

2.2 This policy does not address the University’s emergency notifications, which are addressed in University Policy 302.7 Emergency Notification System.

3. Definitions

3.1 Campus Security Authorities (“CSA”)

University employees with required Clery Safety Act crime reporting obligations, which include:

Campus law enforcement personnel;
Security personnel;
Any individual or organization specified in the University’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses;
Individuals with significant responsibilities for student and campus activities, including residence life staff, student conduct staff, athletic coaches, and advisors to student organizations.

3.2 Clery Safety Act Crimes

The following crime categories are designated as reportable under the Clery Safety Act, which includes:

Primary criminal offenses such as homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
Hate crime offenses of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and any primary criminal offense motivated by bias against a person’s race, religion, sexual orientation, gender, ethnicity, national origin, disability, or gender identity;
Dating violence, domestic violence, and stalking;
Arrest and referral violations of liquor or drug laws and illegal weapon possession; and
Hazing, as defined under the Stop Campus Hazing Act.

3.3 Clery Geography

Property owned, leased, or controlled by the University, which includes On-Campus Property, Non-Campus Buildings or Property, and public property within or immediately adjacent to the University’s campuses. This includes thoroughfares, streets, sidewalks, and parking facilities within the main and separate campuses or immediately adjacent to and accessible from the main and separate campuses.

3.4 Clery Geography - Non-Campus Building or Property

Any building or property owned or controlled by the University, or any building or property (other than a branch or separate campus) owned or controlled by the University that is used in direct support of its educational mission, is frequently used by students, and is outside the boundaries of campus that may include sites utilized for University-sponsored travel.

3.5 Clery Geography - On-Campus Property

Any building or property owned or controlled by the University within the contiguous geographic area of both main and branch campuses. This also covers University-owned or controlled buildings used, even if operated by a third-party and used by the University in direct support of or in a manner related to its educational mission.

4. Policy

4.1 Reporting

4.1.1 Generally. Any person may report Clery Safety Act Crimes as defined in this policy. All crimes and emergency situations should be reported to local law enforcement by calling 911 or the Appalachian State Police Department (“App State PD”) by calling 28000 or the non-emergency line 828-262-2150 from a campus phone or 828-262-8000 from any phone or in-person, 24 hours a day, seven days a week, including holidays.

4.1.2 Required Reporting. University employees designated as CSAs are required to report any Clery Safety Act Crimes within Clery Geography to App State PD within forty-eight (48) hours (2 business days).

The Office of Access & Opportunity: Equal Opportunity (“EO”) is responsible for identifying and training CSAs. The University provides annual training on CSAs’ responsibilities and reporting requirements in accordance with the Clery Safety Act and Stop Campus Hazing Act.

4.2 Crime & Fire Log

4.2.1 The University maintains a daily Crime Log and Fire Log to disclose information about criminal incidents, alleged criminal incidents, hazing incidents, and fire incidents on our Clery Geography. A list of 60 days of activity on the Crime Log is available online or by request through App State PD. A list of 60 days of activity on the Fire Log is available online or by request through Environmental Health, Safety, and Emergency Management (“EHS&EM”).

Crimes and fires may be temporarily withheld from the daily logs when disclosure would jeopardize the confidentiality and safety of a victim or the integrity of an ongoing investigation, cause a suspect to flee or evade, or result in the destruction of evidence.

4.3 Annual Security & Fire Safety Report

4.3.1 EO is responsible for publishing the Annual Security & Fire Safety Report (the “ASFSR”) by October 1 each year or as otherwise required by the U.S. Department of Education. The ASFSR informs the campus community about Clery Safety Act crime statistics, over the prior three calendar years, current Clery Geography, security, emergency, and fire safety policies, procedures, and practices as outlined in state and federal statutes.

A CSA may report crimes confidentially solely for insertion in the ASFSR. Confidential reports shall not trigger a criminal investigation unless substantial evidence suggests that a serious threat to members of the community exists.

4.4 Timely Warnings

4.4.1 In addition to applicable emergency notifications, a timely warning may be issued without delay to alert the University regarding incidents affecting campus that may pose a serious or ongoing threat and aid in the prevention of similar incidents to the campus community. These warnings are disseminated through the AppState-Alert system.

4.5 Missing Student Notifications for On-Campus Residential Students

4.5.1 Reports of missing students should be made to the App State PD, which will immediately investigate all reports and notify and cooperate with other law enforcement agencies, as necessary, to further the investigation.

4.5.2 University Housing will make a report to the App State PD when it has been determined that a student who resides in on-campus residential housing has been missing for 24 hours.

4.5.3 For students under 18 years of age and not emancipated, the University will notify a custodial parent or guardian within 24 hours of the determination that a student who resides on-campus is missing, in addition to notifying any additional contact person designated by the student.