UPPS 01.04.42 - Clery Act Compliance

POLICY STATEMENT

Texas State University is committed to providing a safe and secure environment for its faculty, staff, students, and visitors by maintaining Clery Act compliance.

1. BACKGROUND INFORMATION

   1. The purpose of this policy is to describe the requirements and responsibilities of the university in complying with the "Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998," (commonly referred to as the Clery Act). Establishing requirements and responsibilities facilitates compliance with the Clery Act and increases overall safety on and near Texas State University – San Marcos, Round Rock, and ALERRT campuses.

   2. To maintain a safe and secure environment for its faculty, staff, students, and visitors and as a recipient of federal financial aid, Texas State will comply with the provisions of the Clery Act, as amended. The Clery Act requires Texas State report specific crime statistics on and near its campuses and provide other safety and crime information to the campus’ community. Interpretation of the Clery Act is regularly refined by U.S. Department of Education guidance. This policy provides guidance to maximize Texas State’s efforts to comply with the Clery Act. When in the judgement of the Clery Act Compliance Officer, Texas State will be required to deviate from this policy to satisfy new guidance, the Clery Act Compliance Officer, with the approval of the President’s Cabinet, will be responsible for updating this policy as needed to ensure compliance.

   3. Unless specifically stated, the use of Texas State within this policy represents all three campuses: San Marcos, Round Rock, and ALERRT.

2. DEFINITIONS

   1. Campus Security Authority (CSA) – as determined by criteria in the Clery Act Appendix for FSA Handbook and The Handbook for Campus Safety and Security Reporting, are individuals at Texas State who due to official job duties, ad hoc responsibilities, or volunteer engagements, are required by federal law and under the Clery Act to report a crime when it has been observed by them or reported to them by another individual. Those identified as CSAs typically fall under one of the following categories:

      1. a member of a campus police or security department;

      2. individuals responsible for campus security in some capacity but who are not members of a campus police or security department (e.g., an individual who is responsible for monitoring the entrance to Texas State property or facility);

      3. individuals or offices that are not members of a campus police or security department, but where policy directs other individuals to report criminal offenses to them or their office; and

      4. officials having significant responsibility for student and campus activities, including but not limited to, student housing, student conduct, and campus judicial proceedings.

   2. Clery Act Crimes (Clery Crimes) – crimes required by the Clery Act to be reported annually to the Texas State community and include the following:

      1. Criminal Offenses

         1. criminal homicide (murder, non-negligent manslaughter and manslaughter by negligence);

         2. sex offenses (rape, fondling, statutory rape, and incest);

         3. robbery;

         4. aggravated assault;

         5. burglary;

         6. motor vehicle theft;

         7. arson;

      2. Hate Crimes – motivated by bias

         1. include the crimes listed in Section 02.02 a.;

         2. larceny-theft;

         3. simple assault;

         4. intimidation; and

         5. destruction, damage, or vandalism of property.

      3. Violence Against Women Act (VAWA)* Offenses

         1. dating violence;

         2. domestic violence; and

         3. stalking.

         *not restricted by or limited to one gender.

      4. Arrests and Referrals

         1. liquor law violations;

         2. drug law violations; and

         3. weapon law violations.

      For an understanding of crimes as defined by the Clery Act, refer to the Clery Act Crime Definitions webpage.

   3. Clery Act Geography – property that is owned, leased, or controlled by the institution which includes:

      1. On-Campus Buildings or Property – any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to the institution’s educational purposes, including residence halls and property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as food or retail vendors.

         1. Student Housing Facilities (on-campus subset) – any student housing facility that is owned or controlled by the institution or is located on property that is owned or controlled by the institution and is within the reasonably contiguous geographic area that makes up the campus.

      2. Public Property – all public property, including thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus; and

      3. Non-Campus Buildings or Property – any building or property owned or controlled by a student organization that is recognized by the institution; and any building or property (other than a separate campus) owned or controlled by an institution of higher education 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 (e.g., school-sponsored trips; short-stay away trips; Education Abroad program locations).

      For a better understanding of Clery Act geography categories refer to the Definitions of Clery Act Geography webpage.

   4. Emergency Notification – an announcement triggered by a significant emergency event or dangerous situation involving an immediate threat to the health or safety of Texas State’s faculty, staff, students, or visitors on Texas State campuses. This expands upon the definition of “timely warning” to include both Clery Act crimes and other types of emergencies or events that pose an imminent threat to the campus community.

      1. Emergency Event – any event, natural or man-made, with the potential to cause significant injuries or deaths, to shut down Texas State, disrupt operations, or cause physical or environmental damage. Examples include:

         1. fire;

         2. hazardous materials incidents;

         3. flooding;

         4. severe weather (i.e., winter weather; hurricanes; and tornados)

         5. earthquakes;

         6. radiological accident;

         7. explosion;

         8. biological or chemical release;

         9. public health threat (excluding flu outbreak which is covered under state policy);

         10. acts of violence; and

         11. acts of terrorism.

   5. Emergency Notification System – a mechanism established for the purpose of and dedicated to enabling Texas State officials to quickly contact or send messages to employees and students in the event of an emergency. Examples include, but are not limited to, fire alarms, sirens, alerts via email or text message, local T.V. and radio, etc.

   6. Official – any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution. These include, but are not limited to:

      1. police and security personnel;

      2. athletic directors or coaches;

      3. faculty and staff serving as student organization advisors;

      4. Housing & Residence Life Staff (excluding clerical and maintenance staff);

      5. director of a campus health center;

      6. coordinators of Fraternity & Sorority Life; and

      7. Title IX Coordinators.

   7. Timely Warning – an alert triggered when Texas State determines a Clery Act crime was committed and continues to present a serious or ongoing threat (e.g., a homicide, sex offense, or robbery) that must be reported to the campus community.

3. REQUIREMENTS OF THE CLERY ACT

   1. Publish Annual Security Report by October 1

      The San Marcos campus has on campus student housing and must also publish an Annual Fire Safety Report by October 1. Texas State chooses to publish these as one document, the Annual Security and Fire Safety Report (ASFSR).

      By October 1 each year, the Clery Act Compliance Officer will publish an ASFSR documenting three calendar years of Clery crime statistics and include for the current year the security policies and procedures and information on the basic rights guaranteed to victims of sexual assault. The Texas State University System (TSUS) Sexual Misconduct Policy and Procedures and Resources for Victims of Sexual Misconduct are referenced in the Annual Security Report.

      The Fire Safety Report section will document three calendar years of fire statistics for the resident halls and include for the current year fire safety policies and information on fire safety equipment found in the resident halls.

      The ASFSR must be made available to all current students and employees. In addition, prospective employees and students must be notified of the ASFSR’s existence and provided a copy upon request. Paper copies of the report will be available upon request from Institutional Compliance and Ethics. In addition, the Office of Admissions, The Graduate College, Human Resources (HR), and the Round Rock and ALERRT Campuses will publish a link to the report with a brief description on their respective websites.

   2. Identify, Notify, and Train CSAs

      Texas State will use HR position numbers and job descriptions to review, identify and flag positions which meet the definition of a CSA. To maintain and manage the CSA list, the Clery Act Compliance Officer will work with HR to review new hires on a bi-monthly basis and separations monthly. All those identified as CSAs will be notified via email of their obligations to the Clery Act. CSAs will be informed they must immediately report to University Police Department (UPD) (using the Clery Act Incident Reporting (CAIR) form found on UPD website) any Clery crimes witnessed by or reported to them that may have occurred on the institution’s Clery geography. CSAs will be sent an annual survey inquiring whether they did or did not submit a report, and a reminder each year of their CSA role and required training. Texas State requires annual training of all CSAs so they may understand their responsibilities and reporting requirements under the Clery Act. Those designated as CSAs will take the online CSA training module on the university’s selected training management system or attend in person training presented by the Clery Act Compliance Officer.

      For questions about CSA Clery Act training, contact the Clery Act Compliance Officer at cleryreport@txstate.edu.

   3. Disclose Crime Statistics – Crime statistics for incidents that occur on Clery Act geography within the three most recent calendar years must be disclosed in the Annual Security Report and provided to the Department of Education.

      The Clery Act Compliance Officer will be responsible for gathering crime statistics from UPD, Housing and Residential Life, the Office of Equal Opportunity and Title IX, Student Conduct and Community Standards, local law enforcement, and other CSAs.

      The Clery Act requires reporting of crimes* in the following categories:

      1. Criminal Offenses

         1. criminal homicide

            1. murder and non-negligent manslaughter; and

            2. manslaughter by negligence.

         2. sex offenses

            1. rape;

            2. fondling;

            3. incest; and

            4. statutory rape.

         3. Robbery

         4. aggravated assault

         5. burglary

         6. motor vehicle theft

         7. arson

      2. Hate Crimes

         1. Statistics are required for the offenses listed in Section 03.03 a., in addition to the four categories listed below

            1. larceny theft

            2. simple assault

            3. intimidation

            4. destruction, damage, and vandalism of property

         2. Hate crimes must be reported by category of bias and can involve more than one, including:

            1. race

            2. gender

            3. religion

            4. sexual orientation

            5. ethnicity

            6. national origin

            7. gender identity

            8. disability.

      3. VAWA Offenses**:

         1. domestic violence***;

         2. dating violence; and

         3. stalking.

      **not restricted to or limited by gender

      1. Arrests and Referrals for Disciplinary Action

         Incidents with an arrest or citation will be counted as arrests, other incidents will be referred to Student Conduct and Community Standards for disciplinary action and counted as referrals:

         1. liquor law violations;

         2. drug law violations; and

         3. weapon law violations.

      *Unfounded crimes must be disclosed if any of the listed crimes are found to be false or baseless by UPD or any other local law enforcement agency. The Clery Act has specific guidelines for classifying a reported offense as unfounded.

      ***Texas State includes acts of violence committed between roommates as domestic violence due to roommates being a protected class under Texas law.

   4. Issue Timely Warnings – Texas State must provide timely warnings about Clery Act crimes which pose a serious or ongoing threat to the campus community. This will be determined by one (or more) Texas State officials who have been pre-identified in Texas State’s policy and procedures for issuing a timely warning. Because the nature of criminal threats is often not limited to a single location, timely warnings must be issued in a manner likely to reach the entire university community. Timely warnings may be issued for Clery crimes occurring on Clery Act geography. Timely warnings will never identify the victim of the crime (for more information, refer to UPD Policy Manual 807- Jeanne Clery Disclosure of Campus Policy and Campus Crime Statistics Act).

      Exception: Crimes that would otherwise be reportable but are reported to a licensed mental health counselor or pastoral counselor, in the context of a privileged (confidential) communication, are not subject to the timely warning requirement.

   5. Issue Emergency Notifications – Texas State is required to inform the university community about significant emergency events or dangerous situations involving immediate threats to the health or safety of Texas State faculty, staff, students, and visitors occurring on- or near campus. An emergency notification expands the definition of timely warning as it includes both Clery Act crimes and other types of emergencies (e.g., fire, infectious disease outbreak, etc.). Emergency events may be localized; therefore, notifications may be tailored exclusively to the segment of the university community at risk.

      Texas State must also have emergency response and evacuation procedures in place specific to its on-campus facilities. A summary of these procedures must be disclosed in the Annual Security Report. Additionally, the emergency response procedures must be tested annually at least once (for more information, refer to UPD’s Policy Manual 807Jeanne Clery Disclosure of Campus Policy and Campus Crime Statistics Act).

      Note: Exceptions occur during emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency, or mitigate the emergency. These cases will not be subject to the emergency notification requirement.

   6. Respond to Reports of Missing Residential Students – Texas State provides every student living in Texas State student housing facilities the opportunity and means to identify an individual to be contacted should Texas State determine a student living on campus is missing.

      UPD will investigate all reports of missing students and will notify and cooperate with other law enforcement agencies, as necessary, to further the investigation (for more information, refer to UPD’s Policy Manual 316-Missing Persons).

      Note: This section only applies to the San Marcos Campus, as the Round Rock and ALERRT campuses do not currently have student housing facilities.

   7. Compile, Report and Publish Fire Data – The Higher Education Opportunity Act of 1998 (HEOA) amended the Clery Act to include fire statistics. Environmental Health, Safety, Risk and Emergency Management (EHSREM) will produce the information to be included in the Annual Fire Safety Report. In accordance with HEOA regulations, EHSREM must collect and disclose fire statistics for each on-campus student housing facility for the three most recent calendar years for which data are available. Each facility must be identified in the statistics by name and street address, regardless of whether any fires have occurred.

      Additionally, EHSREM will provide a description of the fire safety system in each student housing facility that is included in the Annual Fire Safety Report. These descriptions should include mechanisms (e.g., fire extinguishers, fire doors, posted evacuation routes, etc.) or systems related to the detection, warning, and control of a fire. EHSREM will submit the Annual Fire Safety Report to the Clery Act Compliance Officer for inclusion in the statistics reported to the U.S. Department of Education. The report will be available on the university’s Clery Act Compliance website.

      Note: This section only applies to the San Marcos Campus, as Round Rock and ALERRT do not currently have student housing facilities.

   8. Maintain a Public Daily Crime Log – Texas State must maintain a daily crime log documenting the “nature, date, time, and general location of each crime” reported to UPD within the last 60 days, and the disposition, if known, of the reported crimes. Incidents must be entered into the log within two business days of receiving the report. The daily crime log will be available on UPD’s website, or in person at the Pecan Building on the San Marcos campus, during normal business hours. Requests for public inspection of daily crime log entries beyond 60 days must be made in writing and will be made available within two business days of the request.

   9. Maintain a Public Daily Fire Log – Texas State must maintain a daily fire log documenting the nature of the fire, date the fire occurred, date and time the fire was reported, and the general location of each fire-related incident in an on-campus student housing facility reported to any Texas State official. Incidents must be entered into the log within two business days of receiving the report, and the previous 60 days of fire log entries must be available for public inspection during normal business hours. The daily fire log will be available on UPD’s website, or in person at the Pecan Building on the San Marcos campus. Requests for public inspection of daily fire log entries beyond 60 days must be made in writing and will be made available within two business days of the request.

4. RESPONSIBILITIES

   1. The Clery Act Compliance Officer is responsible for:

      1. monitoring Texas State’s Clery Act compliance;

      2. updating this policy to ensure it reflects federal legislation, as amended;

      3. reviewing geographic categories annually, with the assistance of the Finance and Support Services (FSS) Planning Office (property inventory; real estate lists) and updating the three maps as necessary;

      4. establishing procedures for collecting student trip information (e.g., short-stay away trips, athletic trips, student sponsored trips, Education Abroad trips, etc.) to annually request crime statistics from these sites (if they meet Clery Act requirements);

      5. requesting crime statistics from state and local law enforcement agencies with jurisdiction on or within Texas State’s Clery Act Geography in coordination with UPD;

      6. collecting and reconciling crime statistics received by local law enforcement agencies;

      7. collecting all primary and ongoing prevention program and campaign information from key departments for inclusion in the ASFSR;

      8. ensuring notices announcing the availability of the ASFSR are properly developed and available to students and employees, both current and prospective;

      9. coordinating identification, notification, and training of Texas State’s CSAs;

      10. requesting crime statistics at least annually from all CSAs;

      11. coordinating, preparing, publishing, and distributing the ASFSR and the university’s documenting of these activities;

      12. submitting crime and fire statistics to the U.S. Department of Education via the Campus Safety and Security Survey (i.e., the web-based data collection survey);

      13. serving as the co-chair, recording secretary, and organizer for the Clery Act Compliance Committee and Clery Act Data Integrity Subcommittee;

      14. overseeing the regular collection and reconciliation of campus crime data amongst offices that house significant numbers of campus crime reports, including Equal Opportunity and Title IX, Housing and Residential Life, Student Conduct and Community Standards, and UPD;

      15. requesting crime statistics from HR and Athletics (these offices are not responsible for submitting monthly reports);

      16. retaining and maintaining all required Clery Act records;

      17. managing the Clery Act Compliance website;

      18. providing remote, telephone, or in-person training to key departments and other CSAs when deemed necessary (in addition to online CSA Clery training on the SAP Portal);

      19. periodic reviewing of all CSA training modules; and

      20. providing paper copies of the ASFSR upon request.

   2. UPD is responsible for:

      1. collecting, classifying, counting, and disclosing crime statistics reported to UPD to the Clery Act Compliance Officer on a monthly basis;

      2. regularly, ideally weekly, maintaining a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Act Compliance Officer;

      3. creating and maintaining the daily crime and fire log;

      4. receiving and evaluating CSA Clery Act Incident Report forms and UPD incident reports for statistical counting, daily crime log entry, and review for required timely warnings or emergency notifications;

      5. ensuring all fires not immediately known to be accidental are investigated or considered by the institutional official designated to make arson determinations;

      6. investigating bias-related incidents for purposes of determining whether a reportable hate crime has occurred;

      7. assessing crime reports for purposes of determining whether a timely warning should be distributed;

      8. assessing either unilaterally or collaboratively with other subject matter experts whether a situation requires an emergency notification;

      9. providing the Clery Act Compliance Officer with information on the department’s ongoing prevention and awareness programs and campaigns to prevent dating violence, domestic violence, sexual assault, and stalking. This is done in order to satisfy Clery Act requirements and appropriately record them in the ASFSR;

      10. investigating all reports of missing student residents by notifying and cooperating with other law enforcement agencies, as necessary; and

      11. participating in a Clery Act compliance “test” which will include scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities. The test must address emergency response and evacuation on a campus-wide scale.

   3. CSAs are responsible for:

      1. understanding Clery Act requirements pertaining to reportable crimes;

      2. completing training and education, as determined by the Clery Act Compliance Officer; and

      3. immediately reporting Clery crimes to UPD directly or by completing the CSA Clery Act Incident Report form.

   4. Student Conduct and Community Standards is responsible for:

      1. collecting, classifying, counting, and disclosing crime statistics (including, but not limited to, referrals for disciplinary action involving liquor law violations, drug law violations, and weapon law violations, as well as incidents involving student organizations) reported to their department to the Clery Act Compliance Officer on a monthly basis;

      2. regularly, ideally weekly, maintaining a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide the Clery Act Compliance Officer;

      3. promptly reporting (using the CSA Clery Act Incident Report form) all Clery Act crimes reported to CSAs in Student Conduct and Community Standards not referred by UPD (this will allow UPD to assess crime reports for purposes of timely warnings or emergency notifications); and

      4. ensuring adherence to all Clery Act required processes, procedures, policies, and other system requirements of university disciplinary systems. For example, Texas State must disclose, upon written request, to an alleged victim of a crime of violence, the results of any disciplinary proceeding conducted by the institution against a student who is the alleged perpetrator of such crime or offense.

   5. Housing and Residential Life is responsible for:

      1. collecting, classifying, counting, and disclosing crime statistics reported to Housing and Residential Life to the Clery Act Compliance Officer on a monthly basis;

      2. regularly, ideally weekly, maintaining a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Act Compliance Officer;

      3. promptly reporting (using the CSA Clery Act Incident Report form) all Clery Act crimes reported to Housing and Residential Life not referred by UPD (this will allow UPD to assess crime reports for purposes of timely warnings or emergency notifications);

      4. ensuring all students residing in on-campus student housing facilities are provided an annual opportunity to designate one or more contacts that Texas State is allowed to notify in the event the student resident is reported missing. This will be separate from any general emergency contacts the student may also designate;

      5. maintaining missing persons contact information confidentially and separately from general emergency contact information;

      6. providing the Clery Act Compliance Officer with copies of any contracts or other off-campus, living agreements to evaluate for Clery Act Geography purposes; and

      7. ensuring Texas State correctly discloses all Clery Act required processes, procedures, policies, systems, etc., related to university student housing in the ASFSR.

   6. The vice president for Student Success, or designated offices, is responsible for ensuring the availability of Clery Act-defined awareness and prevention programming for all students. Such programming will be part of Texas State’s awareness and prevention campaigns. This programming will be identified, provided, and/or facilitated in collaboration with campus and local subject matter experts, with guidance from evidence-based research and outcomes assessments satisfying Clery Act requirements.

   7. Fraternity and Sorority Life is responsible for:

      1. promptly forwarding (using the CSA Clery Act Incident Report form) all Clery Act crimes reported to Fraternity and Sorority Life CSAs not referred by UPD (this will allow UPD to assess crime reports for purposes of timely warnings or emergency notifications);

      2. annually certifying locations owned or controlled by fraternities and sororities;

      3. promptly notifying the Clery Act Compliance Officer of changes to locations owned or controlled by fraternities and sororities;

      4. notifying the Clery Act Compliance Officer of fraternities or sororities that lose institutional recognition; and

      5. annually providing the Clery Act Compliance Officer with a list of advisors to fraternities and sororities, and promptly notifying the same upon change or revision to advisors so they can be identified and trained as CSAs.

   8. Student Involvement is responsible for:

      1. promptly forwarding (using the CSA Clery Act Incident Report form) all Clery Act crimes reported to Student Involvement CSAs to UPD so they may assess crime reports for purposes of timely warnings or emergency notifications;

      2. annually providing the Clery Act Compliance Officer with a list of advisors for recognized and registered student organizations and promptly notifying the same upon change or revision to advisors so they can be identified and trained as CSAs;

      3. implementing a system (as part of the application process to be recognized and registered, or to maintain recognition and registration) to gather information about locations owned or controlled by a student organization so those locations may be included as Clery geography, and Texas State can request and disclose statistics for those locations;

      4. promptly providing copies of travel forms submitted by registered student organizations to the Clery Act Compliance Officer; and

      5. reviewing the ASFSR to ensure its content is consistent with Texas State policies and procedures, and it accurately depicts the practices of the university.

   9. The Fire Marshal and EHSREM is responsible for:

      1. producing the Annual Fire Safety Report section in accordance with the current legislation and updating the ASFSR language to reflect legislative updates and interpretations;

      2. providing required fire statistics (refer to Section 03.09) to UPD within two business days of being reported to ensure proper entry in the daily fire log;

      3. maintaining a list of all drills and exercises conducted by the university;

      4. conducting an annual test of the university’s emergency response and evacuation procedures that meet all Clery Act requirements, including documenting compliance activity and providing proofs to the Clery Act Compliance Officer;

      5. tracking the number of fire drills conducted each long semester in each residential facility for inclusion in the Annual Fire Safety Report;

      6. tracking the number of fires in each residential facility for inclusion in the Annual Fire Safety Report;

      7. annually notifying the Clery Act Compliance Officer the titles of persons or organizations to which students and employees should report fires, including prompt notification of changes to these persons or organizations;

      8. annually providing the Clery Act Compliance Officer with a list of all fire safety education and training programs provided to students and employees;

      9. annually providing the Clery Act Compliance Officer the student housing facilities’ fire safety system information for inclusion in the Annual Fire Safety Report; and

      10. reviewing the ASFSR to ensure its content is consistent with Texas State policies and procedures and accurately depicts the practices of the university.

   10. Office of Undergraduate Admissions is responsible for ensuring Texas State provides prospective students with the required four-part notice of availability of the ASFSR before admission (largely via the Undergraduate Admissions website).

   11. The Graduate College is responsible for ensuring Texas State provides prospective students with the required four-part notice of availability of the ASFSR before admission (largely via The Graduate College website).

   12. The Office of the University Registrar is responsible for providing the Clery Act Compliance Officer with all academic locations (leased space, physical education spaces, internships, practicums) each semester in order to determine the applicability of the Clery Act at those locations.

   13. HR is responsible for:

       1. ensuring Texas State provides prospective employees with the required four-part notice of availability of the ASFSR before they are hired (largely via Job Opportunities at Texas State website);

       2. promptly reporting (using the CSA Clery Act Incident Report form) Clery Act crimes reported to HR’ CSAs not referred from UPD (this will allow UPD to assess crime reports for purposes of timely warnings or emergency notifications);

       3. ensuring integration of CSA responsibilities into applicable position descriptions (best practice);

       4. notifying the Clery Act Compliance Officer of any new hires and departures to ensure incoming personnel (or individuals assuming interim responsibilities in the absence of a permanent hire) can be notified of CSA responsibilities and training;

       5. ensuring all Clery Act required processes, procedures, policies, etc., are satisfied (e.g., the documentation of alcohol and drug policies and abuse support resources); and

       6. reviewing the ASFSR to ensure its content is consistent with Texas State policies and procedures, and accurately depicts the practices of the university.

   14. Athletics is responsible for:

       1. annually providing all conduct referral data to the Clery Act Compliance Officer for inclusion in the ASFSR;

       2. promptly forwarding (using the CSA Clery Act Incident Report form) Clery Act crimes reported to CSAs in Athletics not referred from UPD (this allows UPD to assess crime reports for purposes of timely warnings or emergency notifications);

       3. notifying the Clery Act Compliance Officer of locations controlled by athletic teams (such as lodging for repeated use and short-stay-away trips, and locations where a written agreement provides Texas State with control, such as leased space for golf courses, fields, etc.);

       4. annually providing the Clery Act Compliance Officer with a list (as well as prompt updates of changes to the list) of all individuals who are coaches, assistant coaches, and athletic directors, trainers, sport, or program coordinators, etc., designated as CSAs in order for them to be identified and trained as CSAs;

       5. reviewing the ASFSR to ensure its content is consistent with Texas State policies and procedures and accurately depicts the practices of the university.

   15. Office of Equal Opportunity and Title IX is responsible for:

       1. promptly forwarding (using the CSA Clery Act Incident Report form) Clery Act crimes reported to CSAs in the Office of Equal Opportunity and Title IX not referred from UPD (this allows UPD to assess crime reports for purposes of timely warnings or emergency notifications);

       2. collecting, classifying, counting, and disclosing crime statistics reported to Office of Equal Opportunity and Title IX to the Clery Act Compliance Officer on a monthly basis. This includes maintaining an audit trail to identify all reported offenses;

       3. regularly, ideally weekly, maintaining a detailed audit trail to identify which reported offenses should be included in the institution’s crime statistics to provide to the Clery Act Compliance Officer;

       4. ensuring officials involved in the investigation or resolution of dating violence, domestic violence, sexual assault, or stalking receive annual training on these issues, and on how to conduct an investigation and hearing process that protects the safety of the victims and promotes accountability;

       5. providing the Clery Act Compliance Officer with information on the institution’s ongoing prevention and awareness programs and campaigns to prevent dating violence, domestic violence, sexual assault, and stalking to satisfy Clery Act requirements and appropriately record in the ASFSR;

       6. ensuring institutional sexual misconduct and response policies conform to the procedural requirements of the VAWA Amendments to the Clery Act;

       7. reviewing the ASFSR to ensure its content is consistent with Texas State policies and procedures, and accurately depicts the practices of the university; and

       8. developing a process to provide students and employees who report they have been a victim of dating violence, domestic violence, sexual assault, or stalking with a written explanation of the student’s or employee’s rights and options under the Clery Act.

   16. Education Abroad is responsible for:

       1. promptly forwarding (using the CSA Clery Act Incident Report form) Clery Act crimes reported to CSAs in the Education Abroad Office not referred from UPD (this allows them to assess crime reports for purposes of timely warnings or emergency notifications);

       2. notifying the Clery Act Compliance Officer of all Education Abroad advisors and program leaders in advance of travel so they may be identified and trained as CSAs; and

       3. providing copies of submitted Education Abroad travel forms and agreements to the Clery Act Compliance Officer.

   17. Office of Online and Extended Programs is responsible for:

       1. promptly forwarding (using the CSA Clery Act Incident Report form) Clery Act crimes reported to CSAs in the Office of Online and Extended Programs not referred from UPD (this allows them to assess crime reports for purposes of timely warnings or emergency notifications);

       2. notifying the Clery Act Compliance Officer of program leaders in advance of travel so they may be identified and trained as CSAs; and

       3. providing copies of submitted extended learning travel forms and agreements to the Clery Act Compliance Officer.

   18. Accounts Payable and the Travel Office is responsible for:

       1. providing submitted student travel information to the Clery Act Compliance Officer; and

       2. ensuring the Clery Act Compliance Officer has access to retrieve student travel information from selected recordkeeping system.

   19. FSS (Real Estate Office) is responsible for:

       1. maintaining an updated and indexable or searchable electronic list (e.g., such as a spreadsheet) of all locations owned or controlled by Texas State. The list should include dates of control or ownership, and if applicable, any portions of the building or facility owned or controlled;

       2. providing the Clery Act Compliance Officer with records of collaboration with UPD to identify UPD policy outlined and Clery Act defined “patrol zone” or “patrol jurisdiction;” and

       3. promptly notifying the Clery Act Compliance Officer when Texas State joins in written agreements for use of, purchases, leases, or sells a location, including the dates of leases or other use agreements lifespans.

5. REVIEWERS OF THIS UPPS

   1. Reviewers of this UPPS include the following:

      Position	Date
      Clery Act Compliance Officer	February 1 E4Y
      Director, University Police	February 1 E4Y
      Associate Vice President for Institutional Compliance and Chief Compliance Officer	February 1 E4Y

6. CERTIFICATION STATEMENT

   This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

   Clery Act Compliance Officer; senior reviewer of this UPPS

   Associate Vice President for Institutional Compliance and Chief Compliance Officer

   Vice President and Chief of Staff

   President