Section 3: Clery Act in Youth Activities | Accessible Version

This accessible text-based version of the training covers the same content available in the interactive training and is designed to be more easily accessed for learners using a screen-reader or needing a printed version. For other training accommodations, please contact the Office of Compliance at oc.compliancetraining@wisc.edu.

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Learning Objectives

In this section you will learn:

• How the Clery Act relates to youth activities.
• Why youth activity staff and volunteers are Campus Security Authorities (CSAs).
• Which crimes must be reported under the Clery Act.
• Your reporting obligations and how to report Clery crimes.

What is the Clery Act?

The federal law known as the Clery Act requires colleges and universities to disclose information about certain crimes occurring on Clery geography. The Clery Act also requires colleges and universities to share certain campus safety and security policies. In the next slides, we will review Clery Act requirements, what criminal activity needs to be reported, and what Clery geography is.

Clery Act Requirements

The Clery Act has three major requirements:

1. Publish an Annual Security and Fire Safety Report (ASR). The ASR contains crime and on-campus residential housing fire statistics for the three previous calendar years. The ASR also contains various campus security, safety and disciplinary policies. Annual Security & Fire Safety Report
2. Maintain a daily Clery Crime and Fire Log. The daily log is a nearly real-time snapshot of crime in and around the UW-Madison campus. The log is maintained by the UW Police Department and is available on UWPD’s website. Event Log & Clery Log
3. Issue Emergency Notifications and Timely Warnings to the campus community. UW-Madison’s emergency notifications are called “WiscAlerts”, and they are sent via text message. UW-Madison’s timely warnings are called “Crime Warnings”, and they are sent via email. WiscAlerts

What Criminal Activity Needs to be Reported?

Let’s revisit the reportable misconduct and crimes from earlier in this training. As we discussed in Section 2, sexual assault, dating/domestic violence, and stalking are reportable under both Title IX and the Clery Act. In this section, we will define the Clery crimes listed here:

• Motor Vehicle Theft
• Arson
• Robbery
• Aggravated Assault
• Burglary
• Murder/Non-negligent Manslaughter
• Manslaughter by Negligence
• Hate Crimes

Motor Vehicle Theft

Motor vehicle theft is the theft or attempted theft of a motor vehicle.
Scenario: While reviewing incidents from the night prior, you learn that three youth program participants took unattended golf carts for a joyride around campus.

Arson

Arson is any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Scenario: The night before a youth activity’s final day, a group of six youth participants use their room’s trash bin to create a makeshift campfire to roast s’mores.

Robbery

Robbery is the taking or attempting to take anything of value from the care, custody, or control of someone by force or threat of force or violence and/or by putting the victim in fear.
Scenario: While wrapping up activities at the end of a day camp, you observe a youth’s parents verbally arguing at the entrance of your facility. One parent forcibly takes the second parent’s phone from their hands while yelling various threats.​

Aggravated Assault

Aggravated assault is an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Scenario: You and another staff member are overseeing a group of youth during an outdoor period. You observe two youth arguing verbally over who can use the sports equipment. One of the youth angrily grabs a stick and hits the other youth. The child suffers a cut above the eye that requires several bandages.

Burglary

Burglary is the unlawful entry of a structure to commit a felony or a theft.
Scenario: While conducting an inventory at the end of your program, you and your program director review the equipment in a storage facility at your program site. You notice that the lock appears damaged and you determine the facility was broken into and a laptop and three notebooks were taken from within.​

Murder and Non-negligent Manslaughter

Murder and non-negligent manslaughter is the willful (non-negligent) killing of one human being by another. In the event of a deceased person, immediately call 911.

Manslaughter by Negligence

Negligent manslaughter is the killing of another person through gross negligence. In the event of a deceased person, immediately call 911.

Hate Crimes

A hate crime is a criminal offense committed against a person or property which is motivated by the offender’s bias based on their race, gender, gender identity, sexual orientation, religion, disability, ethnicity or national origin. Hate crimes can include the Clery crimes of simple assault, larceny/theft, intimidation/threats, and vandalism/destruction of property, and must be reported.
Scenario: Two concerned youth participants residing in a residential facility report their doors were vandalized the previous day with anti-Semitic language. The program is tailored to Jewish participants.​

Where is the Clery Geography?

There are three geography categories:

1. Public: Property owned or controlled by UW-Madison that is frequently used by UW-Madison students and is not reasonably next to campus.
2. On Campus: Property owned or controlled by UW-Madison and is within the same general connected area.
3. Noncampus: Property owned or controlled by UW-Madison that is frequently used, but is not generally connected to main campus.

What is Clery Geography?

Youth activities occurring on the UW-Madison campus will likely involve Public and On Campus property categories. You do not need to be an expert on Clery geography. When you report a crime, provide the location and address so the Clery staff can determine the Clery geography.

Extension Volunteers

Youth activities happening at UW-Extension properties will likely involve the Noncampus property category.

The following properties are Noncampus properties. Any Clery crimes reported to you from these locations should be reported via the Campus Incident Reporting Form:

• Wisconsin Geological and Natural History Survey (WGNHS)
  3817 Mineral Point Rd, Madison
• 1387 Mineral Point Rd, Madison
• 211 Blue Mounds Street, Mt Horeb
• Upham Woods and related properties
  N194 County Rd N, Wisconsin Dells
• Lake Superior National Estuarine Research Reserve (LSNERR), Douglas County

You are a Campus Security Authority

UW-Madison and Extension staff, volunteers, and other agents of the University who are responsible for the custodial care or supervision of youth are considered Campus Security Authorities, or CSAs. In Section 2, you learned about your responsibilities as a Responsible Employee. Likewise, as a CSA you have an obligation to report all allegations of Clery crimes. Remember, you may learn of an incident by direct disclosure, witnessed event, or other means. Once you are aware that a Clery crime has been committed, submit the Campus Incident Reporting Form as soon as you are able to.  If you are unsure if you have enough information to report, report anyway with the information you have. The Sexual Misconduct Resource and Response Program and Clery staff are trained to assist with any remaining questions. Remember: if in doubt, report!

When is a Crime Considered Reported?

A crime is considered reported to the university once it is brought to the attention of a CSA. The Campus Incident Reporting Form is not a police incident report and will not result in a police investigation. The data collected will appear in the Annual Security Report (ASR) and Clery Crime and Fire Log, and may result in a Crime Warning or WiscAlert. More Reporting Guidance:

Report the incident…

• even if those involved are not affiliated with UW-Madison.
• even if you don’t know the names of those involved or they do not want to disclose their names. When reporting a Clery crime, you do not need to provide the name of the victim.
• even if you think or know the crime has already been reported to another CSA. When filling out the form, note the name of the CSA(s) to whom the crime has been reported in the narrative box.
• if you are informed of an incident that occurred in the past. Even if it was a long time ago, report it as soon as you are made aware.

Important Reminders

1. In an emergency, always call 911 first. After ensuring immediate safety, submit the Campus Incident Reporting Form.
2. Your reporting obligations as a RE or CSA may also overlap with your reporting obligations as a Mandated Reporter of Child Abuse and Neglect. You may need to make more than one report.​
3. You are not a confidential resource or an investigator. To fulfill your RE and CSA obligations, submit the Campus Incident Reporting Form.
4. If a reporter is not willing to talk to you or give you additional information, that is OK. No one is required to talk to you or give you any information.
5. You are not expected to be a mental health counselor or advocate. Instead, inform the victim/survivor that there are people that can help them. See this training’s web page for campus and statewide resources.

The Campus Incident Reporting Form

1. The Campus Incident Reporting Form can be accessed at the link Go.wisc.edu/report. Take a moment to bookmark it now.
2. The top portion of the form contains important information and resources.
3. Background Information:
   In the Background Information portion, you will include the address of where the incident occurred.
4. Victim/Complainant:
   Provide their gender and role to the university if known. Report regardless of their affiliation.
5. Additional Questions:
   The Additional Questions portion contains a list of incident types with definitions and a narrative box to relay all the information and details you received or have learned about the incident.
6. Supporting Documentation:
   In the Supporting Documentation portion, you can upload any photos, videos, or emails that pertain to the incident.

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Knowledge Check

Let’s make sure you understand the key concepts from Section 3: Clery Act in Youth Activities.

Question 1

Multiple Choice. The responsibilities of a Campus Security Authority (CSA) include:

A. Memorizing the definition of each Clery crime word for word.
B. Submitting the Campus Incident Reporting Form in order to make a statistical report of a crime.
C. Reporting the names of the alleged victim and perpetrator to the media.

Question 2

Multiple Choice. When CSAs are made aware of a Clery crime on Clery geography, they must report the crime through the Campus Incident Reporting Form within:

A. One business day.
B. One calendar week.
C. Two business days.
D. As soon as possible.

Question 3

Multiple Choice. A youth participant’s parent reports to you that their child was sexually assaulted at a noncampus property. As a CSA, you should:

A. Promise the parent that this conversation can remain confidential between the two of you.
B. Escort the parent to the police department immediately, whether they want to or not.
C. Submit the Campus Incident Reporting Form as soon as possible.
D. This is not a reportable offense since the incident occurred at a noncampus property.

Answers

Question 1: B, There is no need to memorize criminal definitions and you do not report names to the media in order to fulfill your obligation as a Campus Security Authority. To fulfill your responsibility as a CSA, submit Campus Incident Reporting Form.

Question 2: D, Clery crimes that CSAs are informed of must be reported through the Campus Incident Reporting Form as soon as possible. If the crime is an emergency, call 911 first. Crimes, emergencies especially, must be reported as soon as possible for the University to evaluate the need to send out a WiscAlert or Crime Warning.

Question 3: C, Submitting the Campus Incident Reporting Form as soon as possible fulfills your obligations as a CSA. Remember:

• You are not allowed to keep knowledge of a sexual assault against a minor confidential.
• The parent may choose whether they want to file a report with the police department or not.
• Noncampus properties are still reportable locations. When you submit your report, make sure you provide the specific address (if known) where the incident occurred.

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Training Summary

In this training, you’ve learned:

• How to identify sexual misconduct in youth activities and why it matters.
• How to prevent sexual misconduct from occurring in youth activities and your reporting requirements as a Responsible Employee and Campus Security Authority.
• How to report sexual misconduct and Clery crimes.

Congratulations!

You’ve finished Section 3!