Why are we here today?

To discuss the legal requirements for reporting crime that occurs on and around campus.

To help you

Legal Requirements and Crime Reporting

Both Colorado and Federal statutes mandate crime reporting on all college campuses.

State Law

Colorado Revised Statutes 18-8-115 – Duty to Report a Crime

Every individual or corporation who has reasonable grounds to believe a crime has been committed has a duty to report the suspected crime to law enforcement authorities.

Defining State Law

Duty to Report a Crime carries important safeguards that protect the individual reporting the crime. The law shields the reporting person from all liability so long as the suspected crime was reported in “good faith.”

“Good Faith” just means the reporting person reasonably believed what he or she was told about the crime, the reporting person did not deliberately embellish the facts, and he or she did not just “make up” the crime being reported.

Federal Law

20 United States Code 1092(f)

Higher Education Act of 1965 (as amended)

(Also known as the Crime Awareness and Campus Security Act of 1990 or the Clery Act.)

“All public and private institutions of post secondary education receiving federal financial aid must provide timely warnings of campus crime and publish an annual campus crime report.”

What is the Clery Act and how did it come about?

Jeanne Clery was raped and murdered in her dorm room at Lehigh University in 1986. The law enacted in her memory is intended to ensure that students and others are informed about violent campus crimes so they can make informed decisions.

The Clery Act requires that universities report crime statistics to current and prospective students and employees.

The Clery Act is very specific about which campus offices must report crimes. Certain campus offices are considered “Campus Security Authorities” under the Clery Act.

“Campus Security Authority” is defined by function, not title. You may be campus Security Authority if you or your office:

Have significant responsibility for student and campus activities.

Have routine contact with students.

Examples of “Campus Security Authorities”

Who is NOT a “Campus Security Authority” under the Clery Act

Who is Exempt from reporting under the Clery Act

I think I’m a Campus Security Authority.What do I need to do?

If someone tells you about a crime or an incident that may be a crime, you must record the information and submit a report.

What crimes do I need to report?

Most Part I UCR (Uniform Crime Reporting) crimes (serious crimes that you should call the police for anyway):

“Hate Crimes” must also be reported even if they are not UCR Part I crimes.

Definitions of reportable UCR Part I Crimes

Criminal Homicide: murder, non-negligent manslaughter, and negligent manslaughter (including vehicular manslaughter)

Aggravated Assault: unlawful attack upon another with intent to inflict severe injury, using weapon or means likely to produce death or great bodily harm.

Robbery: taking/attempting to take something by force, violence, threat, or by putting victim in fear

Burglary: unlawful entry into a structure to commit a theft or other crime.

Motor Vehicle Theft: theft of automobiles, trucks, etc., including “joyriding” (taken by person without lawful access)

Arson: a willful or malicious burning/attempt to burn structure, vehicle, or personal property of another

Sexual Assault: knowingly inflicts sexual intrusion/penetration

Defining Hate Crimes

Against a Person: Any UCR Part I crime, or any other crime causing bodily injury or intimidation where there is evidence of bias or hate motivation and that the victim was selected because of an actual or perceived race, gender, religion, national origin, disability, or sexual orientation.

Against Property: vandalism or theft of personal property, victimizing a house of worship, or an ethnic organization. The incident may involve any expression of bias or hatred (e.g. graffiti, symbols, comments) referencing a race, gender, ethnicity, religion, sexual orientation, or disability.