1480P Clery Act Compliance (Procedures)

Original Date: 3/31/2020 * Last Revision Effective: 1/17/2024
Policy Contact: Vice President, Administrative Services

Purpose

The following procedures are established to meet the requirements for implementing policy #1480 – Clery Act Compliance.

Procedures

Bellevue College will ensure the following:

  • Establish systems to allow students and employees to voluntarily and anonymously notify appropriate personnel of crimes on and around campus;
  • Designate and train a Clery coordinator;
  • Identify, notify, and train all campus security authorities (CSAs);
  • Ensure that procedures are in place and implemented to fully comply with the Clery Act;
  • Provide the crime log for the most recent 60-day period for open and available public inspection during regular business hours; make any portion of the log older than 60 days available with two business days of a request for public inspection;
  • By October 1 of each year, publish and disseminate the annual security report (ASR) and the annual fire safety report (AFSR);
  • Submit web-based crime statistics to the U.S. Department of Education (ED) by a date set annually by the ED.

Annual Security Report (ASR) and Annual Fire Safety Report (AFSR) Retention

ASRs, AFSRs, and supporting documents are retained according to the requirements of the Washington State Records Retention Schedule for Community and Technical Colleges and the Washington State Government General Records Retention Schedule. All records pertaining to pending, foreseeable, or ongoing litigation, an investigation, an ongoing audit; or a request for records cannot be destroyed until these actions have been completed or resolved. These records will be maintained according to instrcutions from the Washington State Office of the Attorney General.

Retaliation

These procedures and U.S. Code of Federal Regulations 34 CFR 668.46(m) prohibit retaliation against a person who makes a Clery Act report. Retaliation includes,, but is not limited to, threats, intimidation, coercion, reprisals, or harmful (adverse) actions related to employment or education. Any member of the college community who participates in retaliation may be subject to disciplinary action, including dismissal, according to related college procedures.

Responsibilities

BC Clery Coordinator

The responsibilities of the Clery coordinator or designee include, but are not limited to, the following:

  • Coordinate with the public safety department to collect and report crime statistics for Clery-reportable crimes that take place within Clery geography as defined in the Clery Act;
  • Collaborate with other college offices, such as Title IX, housing, and student conduct, to collect statistical data for publication in the ASR and daily log;
  • Compile, review, and submit accurate crime and fire safety statistics through the ED annual survey.
  • Coordinate with the vice president of administrative services to review college real estate and to develop and classify Clery geography parameters;
  • Serve as a liaison with the ED regarding Clery Act matters;
  • Coordinate with other college offices to collect data and ensure accurate and timely reporting of the annual fire safety report (AFSR);
  • Coordinate with college offices (e.g., human resources, enrollment and registrar services, public safety) to ensure the distribution of the ASR and AFSR to all currently enrolled students and current employees by providing a notification email describing how the ASR and AFSR can be accessed electronically or obtained as a hard copy;
  • Coordinate with college offices (e.g., human resources, enrollment and registrar services, public safety) to inform prospective students and employees how they can access the ASR and AFSR;
  • Identify all campus security authorities (CSAs) and notify them of their designation and responsibilities;
  • Ensure all CSAs are trained upon their initial designation and are provided with ongoing training and resources as needed;
  • Coordinate with appropriate offices regarding emergency management information related to the Clery Act; publicize emergency response and evacuation procedure test at least once per calendar year; and maintain appropriate documentation for each test.

Campus Security Authorities (CSAs)

Bellevue College must identify and inform CSAs of their responsibilities and provide them with institutional training and resources necessary to perform their role as a CSA. Upon learning of a potential Clery-reportable crime, the CSA should only collect relevant information about the Clery crime and should not conduct an independent investigation, nor should they seek to apprehend perpetrators of such crimes.

CSA responsibilities include, but are not limited to, the following:

  • Reporting, immediately or as soon as reasonably practicable (to the Clery coordinator or other public safety staff, Title IX coordinator, human resources, student affairs or diversity, equity, and inclusion), any Clery Act crimes or incidents of which they have been made aware, or witnessed, including information regarding:
    • When the crime or incident occurred,
    • When the crimes or incident was reported,
    • Where the crimes or incident occurred, and
    • The nature or description of the crimes or incident.
  • The CSA is not a confidential resources. Therefore, the CSA is encouraged to inform victims of crimes of their confidential resources, including professional counselors and other external community resources.
  • The college will protect the privacy of victims/survivors of sexual assault,, dating violence, domestic violence, stalking, and other gendered harassment in accordance with federal and state laws. By law, information reported by victims to professionally licensed counselors is confidential and privileged.

Separately, information involving students reported to CSAs is also protected by FERPA (Family Educational Rights and Privacy Act). The college can only disclose personally identifiable information from an education record within the college if there is a legitimate educational need to know. Outside of the college, personally identifiable information from an education record cannot be disclosed without the written consent of the student, unless required by law (e.g., child abuse reporting), or upon receipt of a legally valid court order, subpoena, or similar legal process. While these protections are not as strong as the privileged relationship afforded to professional counselors, the college is committed to protecting privacy concerning these reports to the extent allowed by law.

For reports of crimes involving sexual assault, domestic violence, dating violence, or stalking, and other instances of prohibited conduct as defined by Bellevue College Policy 1440, Discrimination, Harassment and Retaliation, and associated procedures, 1440P. CSAs will also notify the Title IX office or human resources of such reports in accordance with that college policy 1445 and procedures. Any CSA who knowingly fails to report a crime may be subject to disciplinary action.

Bellevue College Public Safety Department

The public safety department will maintain a public crime log that records criminal incidents within two business days in accordance with regulatory requirements.

Public safety will coordinate responsibilities for filing the ASR.

The public safety department and/or other designated departments are responsible for providing timely warnings and emergency notifications and missing student notifications in accordance with college policy and procedures.

Definitions

Annual Fire Safety Report (AFSR)

As an institution with on-campus student housing, Bellevue College must publish and distribute annually, by October 1, an annual fire safety report (AFSR). The AFSR includes fire statistics and fire safety protocols for each on-campus student housing facility for the three most recent calendar years. The AFSR may be filed separately or combined with the annual security report.

Annual Security Report (ASR)

The Clery Act requires postsecondary institutions participating in the Higher Education Act’s Title IV student financial assistance programs to publish annually, by October 1, a report containing the campus safety policy statements and Clery crime statistics for the three most recent calendar years. The report also includes information and policy statements regarding campus security and safety, for example, crime prevention, security awareness, fire safety, alcohol, substance abuse, sexual assault, procedures for reporting a crime, and emergency and evacuation procedures, as well as other matters of importance to the campus community. The ASR may be filed separately or combined with the AFSR.

Campus Security Authorities (CSA)

Individuals at the college who, because of their functional role, have an obligation to notify the college departments responsible for collecting crime information (e.g., public safety department) of alleged Clery reportable crimes that are reported to or witnessed by the CSA. CSAs include public safety employees and other persons who:

  • Have responsibility for campus security but who are not employees of public safety;
  • Are specified in the ASR as individuals to whom students and employees should report criminal offenses; or
  • Have significant responsibility for student and campus activities, including, but not limited to, student housing, athletics, student organization advising, and student conduct proceedings.
  • CSAs may include staff, faculty, students and volunteers and will be designated as such based upon the functional duties of the position, not based upon job title.

Clery Coordinator

The college employee appointed by the director of public safety to coordinate the gathering of all data and policies necessary for the timely filing and distribution of the ASR and AFSR.

Emergency Notification

A notification issued by the director of public safety or emergency notification team to promptly inform the college community, upon confirmation, of a significant emergency or dangerous situation occurring on the campus that involves an immediate threat to the health or safety of the college community.

Emergency Response and Evacuation Procedure Test

Regularly scheduled drills, exercises, and appropriate follow-through activities designed for assessment and evaluation of emergency plans and capabilities. The campus’s procedures must test the emergency response and evacuation procedures on at least an annual basis, must include an emergency notification, and may include an evacuation component.

Hate Crime

Crime reported to local police agencies or to a CSA that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, or disability. For Clery Act purposes, hate crimes include any of the following offenses that are motivated by bias: murder and non-negligent manslaughter, manslaughter by negligence, sex offenses (rape, fondling, incest, and statutory rape), robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, or destruction/damage/vandalism or property.

Missing Student Notification

A notification issued to an emergency contact, and/or a parent/legal guardian and the local law enforcement agency by a designated college official when a student who lives in on-campus housing has been missing for 24 hours or more.

Professional Counselors

Individuals whose official responsibilities include providing mental health counseling to members of the college community and who function within the scope of a counselor’s license or certification. When acting within the scope of these responsibilities, professional counselors are not CSAs.

Timely Warnings

A notification issued by the public safety department to alert the college community about Clery-reportable crimes occurring with the campus’s Clery geography, that are:

  • Reported to, or observed by a CSA; and
  • Considered by the campus to represent a serious or continuing threat to the college community.

Relevant Laws and Other Resources

Department of Education 2020 Handbook for Campus Safety and Security Reporting
BC Policy 1440, Discrimination, Harassment, and Retaliation
BC 1440P, Discrimination, Harassment, and Retaliation (Procedures)
BC Policy 1480, Clery Act Compliance
BC 1480P2 Timely Warnings and Emergency Notification (Procedures)
BC Clery Compliance Committee Charter

Revision History

Original: 3/31/2020; 1/17/2024

Approved By

President’s Cabinet

Last Updated January 19, 2024