Clery Act

University Policy 301.4

1. Introduction

Appalachian State University (the “University”) is committed to maintaining a safe and secure campus environment in accordance with the Jeanne Clery Disclosure of Campus Crime Statistics Act (the “Clery Act”). The Clery 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 Act.

2. Scope

2.1 This policy applies to all employees, students, and visitors of the University’s main campus and the University’s Non-Campus Buildings or Property.

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 Act Crime reporting obligations, which include:

1. Campus law enforcement personnel;
2. Security personnel;
3. 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;
4. 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 Act Crime

Four crime categories are designated as reportable under the Clery Act, which include:

1. Primary criminal offenses such as homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
2. 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;
3. Dating violence, domestic violence, and stalking; and (d) arrest and referral violations of liquor or drug laws and illegal weapon possession.

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 main 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 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 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 and Procedure Statements

4.1 Campus Security Authorities

4.1.1 University employees designated as CSAs are required to report any Clery Act Crimes within Clery Geography to the Appalachian Police Department (“APD”) within forty-eight (48) hours (2 business days).

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

4.2 Crime & Fire Log

4.2.1 All crimes should be reported to local law enforcement by calling 911 or APD by calling 28000 from a campus phone or 828-262-8000 from any phone or in-person 24 hours a day, seven days a week, including holidays.

4.2.2 The University maintains a daily Crime Log and Fire Log to disclose information about criminal incidents, alleged criminal 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 APD. 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 Report and Campus Security

4.3.1 EO is responsible for publishing the Annual Campus 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 Act Crime statistics, current Clery Geography, security, emergency, and fire safety policies, procedures, and practices over the prior three calendar years as outlined in state and federal statutes.

Crimes may be reported confidentially by a CSA solely for inclusion in the Clery Act Crime Statistics report. 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 to alert the University regarding incidents affecting campus that may pose a serious or ongoing threat to the campus community.

4.5 Missing Student Notifications for On-Campus Residential Students

4.5.1 Reports of missing students should be made to the APD who will immediately investigate all reports and will 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 APD when it has been determined that a student who resides in on-campus residential housing has been missing for 24 hours. APD will inform the law enforcement agency that has jurisdiction, whether or not the student has registered a contact person.

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.

5. Additional References

Appalachian State Police Department

Environmental Health, Safety and Emergency Management

Office of Access & Equity: Equal Opportunity

University Housing

6. Authority

Title IV of the Higher Education Act of 1965

Title IX of the Education Amendments Act of 1972

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990

Violence Against Women Act Reauthorization of 2013

Institutional security policies and crime statistics (34 CFR § 668.46)

Institutional fire safety policies and fire statistics (34 CFR § 668.49)

Institutional and financial assistance information for students (20 U.S. Code § 1092)

7. Administrative Unit Contact

Office of Access & Equity: Equal Opportunity
828-262-2144

Appalachian Police Department
828-262-2150

Environmental Health, Safety and Emergency Management
828-262-4008

University Housing
828-262-2160

History

Issued:

March 6, 2012

Revised:

June 23, 2012

April 24, 2014

December 8, 2015

June 21, 2017

July 31, 2018

March 2, 2020

August 14, 2020

November 4, 2022

December 18, 2024