Institutions must maintain a daily crime log reflecting the past 60 days. A crime that occurs within the institution's Clery geography (which, for these purposes, includes both Clery Act defined geography and the institution's patrol jurisdiction) must be added to the daily crime log within two business days. Any portion of the log older than 60 days must be made available within two business days of a request.
Technically, no; if the conditions of a Clery crime, occurring within Clery geography, reported to a CSA, and determined to pose a serious or ongoing threat, are met, a campus must issue a timely warning.
Hate crimes under the Clery Act are defined as a criminal offense motivated, in whole or in part, by a bias on the part of the perpetrator. The Clery Act uses hate crime reporting guidelines issued by the FBI to determine if a reported incident contains evidence that the underlying crime itself was motivated by bias. If there is no evidence that the reason the crime was committed was due to bias on the part of the perpetrator, the incident cannot be counted as a hate crime for Clery Act crime statistics purposes; however, the actions might still represent a potential violation of institutional policy.
At a minimum, institutions of higher education must issue a timely warning for a Clery Act crime that occurs within Clery geography, is reported to a CSA, and is determined to pose a serious or ongoing threat to the campus community. Institutions can issue timely warnings for circumstances broader than this but must do so consistently and represent that in policy.
Technically, no; if the conditions of a Clery crime, occurring within Clery geography, reported to a CSA, and determined to pose a serious or ongoing threat, are met, a campus must issue a timely warning.
This is a subjective determination made by a campus influenced by guidance from the Department of Education. Historically, the Department has provided overt examples of what would constitute a serious or ongoing threat:
But these are just to provide some ideas. Campuses often use some sort of rubric or matrix to determine if the details of a particular incident meet criteria for being considered serious or ongoing. We encourage you to ask your public safety or police department if they use one, and if so, if you can see it to better understand how they make determinations about when an incident reaches this threshold.
At a minimum. timely warnings must be issued for Clery Act crimes occurring within Clery geography, reported to a CSA, and that constitute a serious or ongoing threat.
The daily crime log must contain all crimes reported to the campus' public safety or police department that occurred within its patrol jurisdiction, which might be broader than but should still include, its Clery geography.
Office of Title IX & Clery Compliance
Phone: (910) 962-3557
Fax: (910) 962-7556
601 S. College Road
DePaolo Hall, Suite 1003
Wilmington, NC 28403-5699
Hours:
Monday - Friday, 8 a.m. - 5 p.m.
Summer Hours:
(May 13th - August 9th)
Monday - Thursday, 7:30 a.m. - 5 p.m.
Friday 7:30 a.m. - 11:30 a.m.