Clery Act Information
The Federal Crime Awareness and Campus Security Act of 1990 - Right-To-Know Act
The safety and security of students, faculty, staff, and visitors is of primary concern to St. John Fisher College. The Safety and Security Department is fully committed to compliance with the Federal Crime Awareness and Campus Security Act of 1990.
Campus Sexual Assault Program
St. John Fisher College fully supports and enforces all local laws governing rape and sexual assault. It is the responsibility of all members of the College community to be aware of and adhere to these laws. The College provides educational programs and information on rape and sexual assault awareness and prevention. For the future safety of the victim and the college community, sex offenses should be reported immediately. Even if you decide not to report the sexual assault, it is important to get medical help as soon as possible.
Important Steps to Take After a Sexual Assault
- Get help! Tell the first person you meet that you need help.
- Call Safety and Security to report the incident. Security personnel must contact the police.
- Support is available through the Health & Wellness Center.
- Ask someone to accompany you to the hospital.
- Do not destroy clothes, douche or bath. This will destroy evidence.
In the event of a sexual assault, it is strongly recommended that a formal report is made to a College official. When a formal report is made, the College will complete an appropriate investigation to determine if referral to law enforcement and/or the Student Conduct Process should occur. Additionally, the College will assist the alleged victim in reporting the incident to outside law enforcement officials if he/she chooses to pursue a criminal complaint. St. John Fisher College fully supports all local, state, and federal laws prohibiting rape and sexual assault and will cooperate with law enforcement officials who are investigations such allegations to the fullest extent allowed under the law.
The College will make every effort to provide appropriate medical and mental health support to persons who inform the college they have been sexually assaulted. Support may also include changes in academic, work, and/or living situations if reasonable alternatives exist, following a formal report of an alleged incident.
In keeping with New York State Law, incidents involving violent felony offenses reported to the College are automatically reported to local law enforcement authorities, except in those instances in which the report is made only to a campus minister in Campus Ministry or to a mental health counselor or health care provider in the Health & Wellness Center.
The Wetterling Act
The Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act set the requirements for sexual offender registration and community notification. The Campus Sex Crimes Prevention Act of 2000 provides for the tracking of convicted sex offenders, already required to register in a State, to provide notice of each institution of higher education in the State at which that person is employed, carries on a vocation, or is a student. This registration is to be made available to law enforcement agencies with jurisdiction where the institutions of higher education are located. Institutions of higher education are required to issue a statement advising the campus community where law enforcement agency information provided by the State concerning registered sex offenders, may be obtained.
Persons seeking to obtain sex offender registration information may contact the Monroe County Sheriff’s Office website (click on the Neighborhoods link and choose Obtaining Information About Sex Offenders in NYS).
You may obtain information on high level risk (level 3) registered sex offenders by visiting the New York Department of Criminal Justices’ Sex Offender Registry. For more information, you can contact the NY DCJS Sex Offender Registry at (518) 457-6236.
Bias Related Crime
Bias related crime is a serious matter and bias related misconduct is a violation of St. John Fisher College policy. Both state and federal laws specially define hate crimes.
New York State's Hate Crimes Act of 2000 (Penal Law, Section 485) significantly increases the criminal penalties for most significant crimes, including criminal mischief, criminal trespass, harassment, stalking, assault, arson, robbery, burglary, stalking, rape, criminal sexual assault, and others, if the crime was also a "hate crime." A "hate crime" occurs where the victim was selected on the basis of race, color, national origin, ancestry, gender, religion, religious practice, old age, disability or sexual orientation.
Other New York laws define specific crimes with respect to bias. In particular, under the New York Civil Rights Law (Section 40-c) a person or entity that commits the crime of ordinary harassment is guilty of a class A misdemeanor (punishable by up to one year in jail), if the victim was harassed because of his or her race, creed, color, national origin, sex, marital status, sexual orientation or disability.
Summary: The Clery Act requires that in addition to campus law enforcement, staff designated as Campus Security Authorities (CSA) provide statistics for this report.
What is a CSA?
A CSA is a person referred to as a campus security authority by the Clery Act. CSA's are a vital part of data collection for the annual safety and security report.
The Clery Act requires St. John Fisher College to provide an annual safety and security report. In addition to input from law enforcement, certain staff positions are designated as Campus Security Authorities (CSA) for the purpose of providing information for this report. CSAs are usually found in departments responsible for, but not limited to, student and campus activities, safety/security, discipline, housing, athletics, human resources or judicial proceedings. This designation also includes any individual who has been specified by St. John Fisher College to receive and report offenses.
CSA's are responsible for reporting the number of crimes and incidents as described in the Clery Act that occur in their department to the St. John Fisher College Safety and Security Department. These numbers are then included in the federally mandated Clery Report, which is distributed every year in the beginning of October.
The following answers are based on The Handbook for Campus Crime Reporting, U.S. Department of Education, Office of Postsecondary Education.
What makes me a CSA?
- Individuals who have responsibility for campus security
- Any individual specified by the university as an individual to which students should report criminal offenses
- An official of the university who has significant responsibility for student and campus activities, including but not limited to, student housing, student discipline, and campus judicial proceedings
Campus Security Authorities include:
- Professional staff in the office of the Vice President of Student Affairs
- Professional staff in the Offices of Residential Life and Student Conduct, the Office of Campus Life, and the Office of Multicultural Affairs and Diversity Programs
- Faculty or staff advisors to student organizations; faculty or staff who serve as chaperones on college-related activities off-campus
- Resident Assistants and Peer Advisors
- Students who monitor access to facilities, such as the Athletic Center or Lavery Library
- Administrative staff of the Athletic Department, coaches, and assistant coaches
- Security Officers
- Event Security Staff
- Administrators at branch/satellite/separate campuses
Examples of individuals who would NOT meet the criteria for being Campus Security Authorities include:
- A faculty member who does not have responsibility for student and campus activity beyond the classroom
- Clerical or dining hall staff
- Facilities or maintenance staff
What do I have to do?
Report criminal incidents that occur on campus or at a St. John Fisher College sponsored event.
What crimes do I need to report?
- Aggravated Assault
- Sexual Assault
- Motor Vehicle Theft (stolen vehicles)
- Weapon Violations
- Alcohol Violation (e.g. Minor in possession)
- Drug Violations
- Hate Crimes
In addition to the crimes above, the crime must occur at one of the following locations:
- On campus, including residence halls
- Off campus at College sponsored events
- Public property streets (streets adjacent to the campus)
Why is this necessary?
- Keeping accurate crime statistics will help St. John Fisher College know where to provide prevention programs and safety awareness programs to help keep the campus safe.
- The intent of including non-law enforcement personnel as CSAs is to acknowledge that many individuals, and students in particular, are hesitant about reporting crimes to the police, but may be more inclined to report incidents to the campus affiliated individuals.
- St. John Fisher College must comply with all aspects of the Clery Law.
How do I report incidents to the security department?
You can either report incidents individually as they are reported to you or all at once. You can use the Safety and Security Department's Campus Security Authority Crime Report form [doc] or you can report it in whatever manner is easiest for you.
What happens after the police department receives an incident from a CSA?
The crime analyst collects all incidents received from CSAs. The incidents are reviewed for duplication and to verify that each incident is Clery reportable. The incidents are then classified into their proper crime and geographical categories and added to the annual Clery statistics.
What if I am unsure if an incident is a crime? Or if it should be reported under Clery?
Please report it with as much detail as possible about the incident. Do not include names of the victim or suspect. The crime analyst will determine if it is a Clery reportable crime.
If the Safety and Security Department isn't going to investigate these crimes, what is the purpose of reporting incidents to the police department?
Many crimes do not get reported to the police. By collecting data from other sources, we are getting a more accurate number of crimes on campus. This is a resource for the campus community to use to make informed decisions about their safety.
Are there exemptions to CSA reporting incidents?
Yes, certain individuals who have significant responsibility for student and campus activities are exempt from disclosing information:
- Pastoral counselor. A person who is associated with a religious order or denomination, is recognized by that religious order as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.
- Professional counselor. A person whose official responsibility includes providing mental health counseling to members of the institutions community and who is functioning within the scope of his or her license or certification. This definition applies even to professional counselors who are not employees of the institution but are under contract to provide counseling at the institution.
However, we strongly encourage everyone to report since it is for statistical purposes only.
What happens if I do not report criminal incidents to the St. John Fisher College Safety and Security Department?
The United States Department of Education is charged with enforcing the Jeanne Clery Act and may level civil penalties against the College.