Questions?
Approved
27 Sep 2024
Prior Version
N/A
Applicability
This policy applies to university employees and students when in the United States and to visitors to university property or facilities in the United States.
Policy Owner
Assistant to the President and General Counsel
Responsible Office
Integrity and Compliance Office
Implementing Procedures
Contents, Related Policies, Applicability
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Clery Act Policy

As part of its commitment to provide “an environment . . . sustained by those moral virtues which characterize the life and teachings of the Son of God” (BYU Mission Statement), the university strives to create a campus environment that is safe and adheres to all federal campus safety laws, including

  • Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), 20 U.S.C. § 1092(f)
  • Missing Person Procedures, 20 U.S.C. § 1092(j)
  • Drug and Alcohol Abuse Prevention, 20 U.S.C. § 1011i(a)(1)

The university’s Clery Act compliance program encompasses these laws and their implementing regulations. For more information about the university’s Clery Act compliance program, see clery.byu.edu.


Definitions

For purposes of this policy and the Clery Act Procedures, key terms are defined as follows:

Campus Security Authority (CSA) means

(1) any BYU Police Department or BYU Security employee or independent contractor;

(2) any individual who has responsibility for campus security but who is not a BYU Police Department or BYU Security employee or independent contractor;

(3) any TWEN CSA (see definition below); and

(4) any university official who has significant responsibility for student and campus activities, including, but not limited to, campus security, student housing, and student discipline.

Clery Act Crimes means arson, aggravated assault, burglary, Dating Violence, Domestic Violence, fondling, incest, manslaughter, motor vehicle theft, murder, rape, robbery, statutory rape, and Stalking; intimidation, larceny, simple assault, and vandalism motivated by bias against the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability; and arrests and referrals for campus disciplinary actions for violations involving drugs, alcohol, or weapons.

Clery Act Geography means

  • buildings and property that are part of the university’s campus,
  • non-campus buildings and property owned or controlled by BYU that are used in direct support of or in relation to BYU’s educational purposes and are frequently used by students, and
  • public property within or immediately adjacent to and accessible from campus.

For a list of buildings and property within the Clery Act Geography, see clery.byu.edu.

Dating Violence means violence, including but not limited to sexual or physical abuse or the threat of such abuse, committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship is determined based on a consideration of the following factors: the length of the relationship; the type of relationship; and the frequency of interaction between the persons involved in the relationship.

Domestic Violence means a felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person similarly situated to a spouse of the victim, or by any other person against a victim who is protected from that person’s acts under applicable domestic or family violence laws.

Sexual Assault means an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the Federal Bureau of Investigation's Uniform Crime Reporting program.

Sex Crime means an act of Dating Violence, Domestic Violence, Sexual Assault, or Stalking.

Stalking means engaging in two or more acts, whether in person or electronic, directed at a specific person that would cause a reasonable person to fear for the person’s safety or the safety of others or to suffer substantial emotional distress.

TWEN CSA means any individual or campus unit specified in BYU’s Annual Security Report as an individual or campus unit to which students and employees should report criminal offenses. For a complete list of TWEN CSAs, see Clery Act Procedures Section 3 Victim or Witness Crime Reporting.


Campus Safety

Campus safety requires the active participation of all university community members, including employees, students, volunteers, program participants, and visitors.

Criminal acts are contrary to the teachings of the university’s sponsoring institution, The Church of Jesus Christ of Latter-day Saints, and the Church Educational System Honor Code. As part of the university’s Clery Act compliance program, the university prohibits anyone from committing any criminal act within the Clery Act Geography. The university may take action under the law and university policies to address any criminal acts committed within BYU’s Clery Act Geography.


Federal Campus Safety Laws

To fulfill federal campus safety law requirements, this policy encompasses all of the following:

  1. Timely Warnings
  2. Annual Disclosure of Crime Statistics
  3. Victim or Witness Crime Reporting
  4. Security of and Access to Campus Facilities
  5. Campus Law Enforcement
  6. Reporting Crimes to Law Enforcement
  7. Off-Campus Student Organizations
  8. Emergency Response and Evacuation Notification Procedures
  9. Preventing Sex Crimes
  10. Responding to Sex Crimes
  11. Victims of Sex Crimes
  12. Missing Students

The implementing procedures for these items are set forth in the Clery Act Procedures.


Campus Security Authorities

Each Campus Security Authority (CSA) plays a critical role in the university’s Clery Act compliance program. As detailed in the Clery Act Procedures, each CSA

  • timely relays all reports of Clery Act Crimes that might pose a threat to students or employees to a TWEN CSA (unless the CSA is a TWEN CSA);
  • timely relays all reports of situations that might involve an immediate threat to the health or safety of students or staff occurring on the campus to a TWEN CSA (unless the CSA is a TWEN CSA); and
  • relays all reports of Clery Act Crimes that may have occurred within BYU’s Clery Act Geography to the Integrity & Compliance Office for inclusion in the university’s annual crime statistics.

The Integrity and Compliance Office identifies and trains CSAs to facilitate CSA compliance with federal requirements. For more information about BYU CSA responsibilities, see csa.byu.edu.


Federal Law Controls

If discrepancies exist between federal law and this policy or the Clery Act Procedures, federal law controls.