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Clery Act and Title IX

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal mandate requiring all institutions of higher education (IHEs) that participate in the federal student financial aid program to disclose information about crime on their campuses and in the surrounding communities. The Clery Act affects virtually all public and private IHEs and is enforced by the U.S. Department of Education (ED). Campuses that fail to comply with the act can be penalized with large fines and may be suspended from participating in the federal financial aid program.

The U.S. Department of Education created The Handbook for Campus Safety and Security Reporting to present step-by-step procedures, examples, and references for higher education institutions to follow in meeting the campus safety and security requirements of the amended Higher Education Act of 1965.

Activity Log

This Annual Security & Fire Safety Report is published in accordance with the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act and its implementing regulations. The purpose of this Report is to provide faculty, staff, students and campus visitors (collectively, the "campus community" with an overview of Oakland University's security resources, policies, and procedures. These policies and procedures are subject to change at any time.

2023 Security & Fire Safety Report

What is a CSA?

The OU Police Department encourages all members of the campus community to report crimes on a timely basis. However, under the Clery Act, CSAs are required to report Clery Act qualifying crimes which occurred on campus, in public areas bordering campus and in certain non-campus buildings owned or controlled (leased) by the University. CSAs should only report those crimes that have not been previously reported to University Police or another University CSA. The intent of including non-law enforcement personnel in the CSA role is to acknowledge that some community members and students, in particular, may be hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus-affiliated individuals.

The law defines four categories of CSAs:

  • University Police Department sworn personnel and department administrators.
  • Non-police individuals of offices responsible for campus security. These CSAs have security presence or access control authority on university property. (e.g. Building and Grounds, Night Watch, First Aid Support Team, ushers at sporting events, etc.)
  • Officials with significant responsibility for student and campus activities. (e.g. deans, student affairs professionals, student housing staff, athletic director/assistant directors, coaches, student activities coordinators, student judicial officers, and faculty/staff advisors to student organizations.)
  • Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.

I've been told I'm a CSA. Now What?

Getting started is easy:

  • First, watch this CSA training video.
  • Next, fill out this form to tell us you've watched the video. 
  • Lastly, notify us of crimes you're told about by filling out a CSA Report Form.

I've been told about a crime. What Should I Do?

When a crime is reported to you, first ask the person if they would like to report it to OU Police. If so, contact us at (248) 370-3331. If you have firsthand knowledge and confirmation that the reporting party filed a police report with OU Police, then are not obligated to take any further action. However, if the reporting party says they will file a police report with OU Police, leaving you with no firsthand knowledge and confirmation that a police report was filed, then you must still complete and submit a CSA Report Form.

Gather as much information about the incident to sufficiently fill out the CSA Report Form. You should not investigate the crime or attempt to determine whether a crime, in fact, took place. When in doubt, a CSA Report Form should be completed and submitted!

What Should I Tell the Reporting Party?

The following is a sample of what you can tell a reporting party who comes to you to report a crime:

"As part of my position on campus I am a federally mandated crime reporter for the University. I am required to report this incident to OU Police for data gathering. If you request confidentiality, the CSA Report Form will not include your name, or that of any other involved individuals. My report will contain only the information you provide. Do you have any questions? Would you like to help me fill it out?"

Transcript

Jeanne Clery was a 19-year-old girl entering college and was quite a tough competitor on the tennis court. Her parents, Howard and Connie Clery wanted what every other parent wants for their child, going off to school, a safe, comfortable place where they can learn and grow. In 1985, the Clerys were looking for colleges for Jeanne and eventually chose Lehigh University in beautiful Bethlehem, Pennsylvania. Jeanne loved the scenic campus, and Mrs. Clery loved the fact that it was only an hour and 20 minutes away. Jeanne was excited and thought she was in the safest place she could be. April 1986 on a Saturday night, someone thought propping open a residence hall door for a pizza delivery would be harmless, and make entering and leaving easier. That simple act allowed the unimaginable to happen. Later that evening, another student entered the residence hall looking for an open room to rob. Jeanne was asleep when he entered her room. He robbed, raped, and strangled her to death. At that time, no laws required universities or colleges to track or disclose crimes that occurred on campus. There had been 38 violent crimes over three years on that campus that the public was not aware of. Howard and Connie Clery knew they had to do something to save others from living this nightmare. Through their research, they found out that there were no laws governing college campus safety to make the public aware of crimes happening on or around campuses. The Clerys then worked tirelessly to convince Congress to pass The Jeanne Clery Act. This federal law requires colleges to track crimes committed on campus and share that information with the public to make campus communities safer. This goal is to make parents, prospective and current students, and employees aware of crimes in or around campus. Also that there are policies and procedures for emergency notification and timely warnings if there is a current or ongoing threat to the community. That is where you come in. Campus security authorities serve a critical role in campus safety. If you're watching this video, you are a Campus Security Authority or CSA. A CSA is an official of the university who has significant responsibilities for student and campus activities, and has the duty to take action or respond to particular issues on behalf of the institution. Some examples of CSAs are the following: housing staff, nightwatch, coaches, faculty advisors to student groups, a coordinator for Greek affairs, and the Title IX Coordinator. This list is not all-encompassing, and only provides a few examples of who are CSAs on Oakland University's campus. We have over 600 CSAs on-campus, and each one has a very important role to fill. You may be wondering who aren't considered CSAs. Those that are not considered CSAs are: clerical or cafeteria staff, and faculty members who do not have any responsibilities for student or campus activity beyond the classroom. We want students to report to the OUPD, but they may not do that. They may go to someone else they trust on campus and that may be you. What do you do when someone reports a crime to you? Your main goal as a CSA, is to support the person reporting the incident to you. Offer resources such as counseling or medical attention, and just get the facts. You are not investigating the crime. The most important part is for you to get the information to the appropriate people in a timely manner and to document all incidents reported to you. Oakland University CSAs understand their role and have some real-life examples of reporting Clery related incidents. Recently, an incident was reported to me involving a dating violence situation. I was able to help them get the resources that they needed and I made sure they were supported as I decided to make a police report to the Oakland University Police Department. I have reported to OUPD about an incident involving minors drinking alcohol. It really is a partnership between housing staff and OUPD. Having open lines of communication is definitely important especially when it comes to questions you might have about what's being reported to you as a CSA. My first goal as a CSA is to help the person who is reporting a crime to me and getting them through those tough times. I've had to handle sexual assault incidences and had to go to OUPD with the person reporting the incident. It makes me feel good to know that I'm not only helping victims and survivors, but I'm helping to make Oakland University safer. You may be asking yourself what specifically has to be reported to OUPD. Under the Clery Act, CSAs need to report the type of crime, location of the crime, when it happened, and when it was reported to them. The following crimes need to be reported to the OUPD in a timely manner: murder, non-negligent manslaughter, manslaughter by negligence, rape, fondling, incest, statutory rape, robbery, burglary, aggravated assault, motor vehicle theft, arson, arrest and disciplinary referrals for liquor, drug, and weapons violations. In 2013, other crimes were added to the Clery Act, and those crimes include: dating violence, domestic violence, and stalking. If you are ever unsure if a crime is a Clery crime and should be reported to the OUPD, do not hesitate to contact OUPD and let them figure it out. What do you do if a student reports to you that they have been the victim of a crime? Here's a director of housing to answer that question. Our first priority is to always offer to get them medical help or counseling services. Next, get as much information as you can, then report the incident to OUPD. Always be upfront with the student, that you have to share information with campus officials, which include OUPD, or the dean of students. There are only certain individuals who can keep incidents completely confidential. Those people are professional counselors or pastoral counselors. If the person reporting the crime does not want the police involved, it is important to remember that you still have to report the type of incident that occurred, the date that the incident occurred, and the location to the OUPD. This can be done online by going to oupolice.com/clery. Oakland University has typically been a very safe campus. We're fortunate that so many members of our community take safety and security seriously. Just as a reminder, safety is everyone's responsibility. We need people to be extra eyes and ears for our department. And if a crime is reported to you, contact the OUPD, so trained investigators can do their job. Remember, it's important to get that information to us as soon as possible, because there may be a continuing threat to the university and we may need to notify the campus community. What if the crime occurs off-campus? In order for a crime to be counted in our annual crime statistics, that has to occur on Clery geography. Clery geography includes OU's main campus, our separate campuses such as Anton Frankel and the Macomb University Center, our several non-campus locations, property adjacent to campus, and property or buildings owned by the university. Geography also covers OU sponsored events or trips. But don't get tied up in the geography. Just remember, it's important to report all crimes that happen in these circumstances to the Oakland University Police Department and they can sort out the details. Why is it important to report the incident to OUPD as soon as possible? In certain circumstances, the OUPD may have to send a timely warning or emergency notification to the campus community, if there is an immediate threat to health and safety or a potential ongoing or serious threat. You will get these alerts if you've signed up for the Emergency Alert System. If you have not done so, please sign up by going to oupolice.com/em/alerts. What are the different ways to contact the OUPD? You can contact the OUPD by calling (248) 370-3331 from your cell phone, or 911 from a campus phone, 24 hours a day, seven days a week. Also available to you are over 200 emergency blue light phones around campus that dial right to our communication center. You can email OUPD at [email protected], or you can follow OUPD on social media. But please note that email and social media are not monitored 24/7. The key takeaways we want you to remember are: do you know what information you need to report to OUPD? What resources are available both on and off-campus that I can offer students when they report that they have been the victim of a crime? Please go to oupolice.com/clery and fill out the CSA training video form acknowledging that you have watched this video and understand your responsibilities as a CSA. Thank you for partnering with us to make Oakland University a safe place to learn, live, visit, and work. Our community relationships with all of you, are what foster success for everyone.

The Clery Act applies to certain crimes reported to the police and other University officials known as Campus Security Authorities (CSA). CSA's are federally mandated crime reporters. As such, CSA's shall report, on a timely basis, any qualifying crimes that they are made aware of to the OU Police Department. OU Police will use the submitted information to verify the appropriate classification of the crime. It is important for CSA's to document sufficient incident detail to allow OU Police to properly classify the crime type.

Submit a CSA Report Form

Clery Definitions

Group A Offenses

Murder/Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another. NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

Negligent Manslaughter: the killing of another person through gross negligence.

Robbery: the taking or attempting to take anything from value of the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault: an 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 bodily harm. It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed.

Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding)

Arson: The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another kind.

Weapon Law Violations: The violation of laws or 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; all attempts to commit any of the aforementioned.

Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

NOTE: The above listed crime definitions from the Uniform Crime Reporting Handbook


Sex Offenses

Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim, including instances in which the victim is incapable of giving consent.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity.

Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

NOTE: The above listed crime definitions from the Uniform Crime Reporting Handbook, 2013 Revised UCR definition of Rape, as prescribed by 2014 VAWA Negotiated Rulemaking Final Consensus Language.


Hate Crimes

OU is also required to report statistics for hate (bias) related crimes by the type of bias as defined below for the following classifications: murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson (see definitions above) and larceny, vandalism, intimidation, and simple assault (see definitions below).

Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law.

Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.

If a hate crime occurs where there is an incident involving intimidation, vandalism, larceny, simple assault or other bodily injury, the law requires that the statistic be reported as a hate crime even though there is no requirement to report the crime classification in any other area of the compliance document.

A hate or bias related crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender's bias. For example, a subject assaults a victim, which is a crime. If the facts of the case indicate that the offender was motivated to commit the offense because of his bias against the victim's race, sexual orientation, etc... the assault is then also classified as a hate/bias crime.


Other Offenses

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.

(1) The existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

(2) For the purpose of this definition, dating violence includes but is not limited to, sexual or physical abuse or the threat of such abuse and does not include acts covered under the definition of domestic violence.

Domestic Violence: A felony or misdemeanor crime of violence committed

(1) By a current or former spouse or intimate partner of the victim.

(2) By a person with whom the victim shares a child in common.

(3) By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.

(4) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

(5) By 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 in which the crime of violence occurred.

Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to

(1) Fear for the person's safety or the safety of others; or

(2) Suffer substantial emotional distress.

(3) For the purpose of this definition, Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person's property. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

(4) Report the location as where a perpetrator engaged in the stalking course of conduct or where a victim first became aware of the stalking.

(5) Report any additional behaviors that meet the above definition of Stalking if they occur or continue to occur after an official intervention has been put in place, including, but not limited to, an institutional disciplinary action or the issuance of a no contact order, restraining order or any warning by the institution or a court.

NOTE: Additions from 2014 VAWA Negotiated Rulemaking Final Consensus Language

Oakland University Police Department

Police and Support Services Building
201 Meadow Brook Road
Rochester, MI 48309-4451
(location map)

Campus Phone: 911
Cell Phone and Non-Emergency: (248) 370-3331
Campus Status Hotline: (248) 370-2000
Hours of Operation: 24/7 Lobby and Communications
Fax: (248) 370-3341