Georgia Gwinnett College Clery Act and VAWA Compliance Policy

Policy Number: 9.12.65
Effective Date: September 26, 2024
Revision History: March 14, 2023; June 15, 2021
Policy Contact: Associate Vice President of Facilities/Chief of Police

I. Purpose and Policy Statement

The purpose of this policy is to outline roles and responsibilities for compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (hereinafter referred to as the “Clery Act”) and the Violence Against Women Act (hereinafter referred to as “VAWA”). The Clery Act is a federal law that requires institutions of higher education participating in Title IV student aid programs to disclose information about certain crimes, emergencies, and various safety related policies with the goal of enhancing campus safety. It is the policy of the College to comply with its obligations under the Clery Act and VAWA.

This policy establishes the Clery Act compliance infrastructure and provides a structured and consistent process for oversight, policy and procedure review, and appropriate training and education for Clery Act and VAWA awareness and compliance. The College encourages accurate and prompt reporting of all crimes to College Public Safety and/or appropriate police agencies, when the victim of a crime elects to, or is unable to, make such a report.

II. Scope

This policy applies to all members of the campus community. The campus community includes all faculty, administrators, staff including student workers, students, alumni, interns, and volunteers as well as members of the Board of Trustees, College-sponsored advisory committees, visitors, vendors, and other service providers.

III. Definitions

Annual Fire Report: Institutions are required to annually publish this report to comply with the reporting requirements contained in Section 485 of the Higher Education Act, Campus Fire Safety Right-to-Know. This report provides information such as statistics on fire-related incidents and/ or injuries that have occurred in residence halls, descriptions of each residence hall’s fire safety system, number of fire evacuation drills performed, the institution’s fire safety policy and procedures, and plans for future residence hall fire safety improvements. This report may be combined with the Annual Security Report.

Annual Security Report (“ASR”): The Clery Act and the United States Department of Education’s regulations require Title IV participating institutions to publish an annual security report containing safety and security related policy statements and crime statistics and distribute it to all current students and employees. Institutions must also inform prospective students and employees about the availability of the report.

Campus Security Authority (“CSA”): Individuals who, because of their responsibilities with the College, have an obligation under the Clery Act to share information with the College about alleged Clery Crimes that are either reported to them and/or are personally witnessed by them. These individuals, by virtue of their positions or official job duties, are required to report these crimes to the College. These individuals at the College are the following College officials who have significant responsibility for student and campus activities:

Public Safety department and security personnel;
The Associate Vice Provost and Dean of Students;
Student Affairs Professionals;
Director of Athletics;
The Director of Housing;
Resident Assistants and Resident Directors;
Director of Student Involvement; and,
Title IX Coordinator and the Title IX office members.

Classification Review Work Group: The Classification Review Work Group is a multidisciplinary team tasked with supporting the work of the Clery Act Coordinator through collaborative review of alleged criminal incidents to ensure complete and accurate identification and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals.

Clery Act Committee: The Clery Act Committee is a multidisciplinary team tasked with supporting the work of the Clery Act Coordinator and providing strategic vision and planning for Clery Act compliance.

Clery Act Coordinator: The Clery Act Coordinator, under the direction of the Office of Public Safety, serves as the Chair of the Clery Act Committee and the Classification Review Work Group.

Clery Act Crimes (“Clery Crimes”): Specific crimes, as defined by the Clery Act, for which the College is required to report statistics annually to the campus community and U.S. Department of Education (“ED”).

Clery Geography: All buildings or property that meet the definition of on-campus, public property, or non-campus buildings or property as defined below, where the College is required to report Clery Crime statistics.

On-Campus - Any building or property:
1. Owned or controlled by the College within the same reasonably contiguous geographic area and used by the College in direct support of, or in a manner related to, the College’s educational purposes, including residence halls.
2. Within or reasonably contiguous to the area identified above in section a., but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendor).
On-Campus Student Housing Facility (Subset of On-Campus): A dormitory or other residential facility for students that is in the College’s On-Campus geography as defined above.
Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
Non-Campus Building or Property:
1. Buildings or property, including those located outside the United States, that are:
  1. Owned or controlled by the College
  2. Used in direct support of, or in relation to, the College’s educational purposes
  3. Is frequently used by students
  4. Is not within the same reasonably contiguous geographic area of the College
2. Any building or property owned or controlled by a student organization that is officially recognized by the College.
Daily Crime Log Jurisdiction/Geography: Any location within 500 yards of property owned, leased, or rented by the College.

Clery Reportable Crimes:

Homicide (Murder and Non-negligent Manslaughter, Negligent Manslaughter)
Sex Offenses (Rape, Fondling, Incest, Statutory Rape)
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Hate Crimes (for the aforementioned crimes and in addition Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property)
Dating Violence
Domestic Violence
Stalking
Arrests and disciplinary referrals for:
1. Liquor Law Violations
2. Drug Law Violations
3. Illegal Weapons Possession

Complainant: An individual who is alleged to be the victim of conduct that is prohibited by this policy. A Clery complainant may be a student, employee, other affiliate, or unaffiliated with the institution.

Dating Violence: Violence 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 shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. For the purposes of this definition:

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
Dating violence does not include acts covered under the definition of domestic violence.

Domestic Violence: 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 who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or,
By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Emergency Notifications and Timely Warnings:

Emergency notification. If there’s an immediate threat to the health and safety of the campus community, the College will issue an emergency notification, unlike timely warnings, emergency notifications are broader than crime and can include weather incidents, gas leaks, fires, disease outbreak and more - anything that poses an immediate threat.
Timely Warnings: An announcement to alert the campus community about Clery Crimes occurring in or near Clery Geography and reported to CSAs or local law enforcement that are considered by the College to represent a threat to students and employees. Warnings must be issued in a manner that is timely, hold as confidential the names and other identifying information of victims, and be made in a manner that will aid the prevention of similar crimes.

Proceeding: All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, factfinding investigations, formal or informal meetings, and hearings. “Proceeding” does not include communications and meetings between officials and parties concerning accommodations or protective measures to be provided to a party.

Respondent: An individual who has been reported to be the perpetrator of conduct that is prohibited by this policy. A respondent may be a student, employee, other affiliate, or unaffiliated with the institution.

Sexual Assault: An offense that meets the definition of rape, fondling, incest, or statutory rape as defined by this policy.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Stalking: Engaging in a course of conduct 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. For the purposes of this definition:

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

VAWA: Violence Against Women Reauthorization Act of 2013 amendments to the Clery Act, Public Law 113-4 Section 304.

VAWA Sexual Misconduct: Dating violence, domestic violence, sexual assault, and stalking as defined by this policy whether or not it is alleged to have occurred on or off-campus. VAWA Sexual Misconduct need not be on the basis of sex.

IV. Roles and Responsibilities

Clery Act Committee.
1. The Clery Act Coordinator serves as the Chair of the multidisciplinary Clery Act Committee and is responsible for scheduling and facilitating quarterly meetings, including an agenda designed to inform policy and procedures review, evaluation of training and education needs, and planning to incorporate new and/or revised laws and regulations pertaining to the Clery Act. The Coordinator will also document the activities of the Clery Act Committee.
2. The Clery Act Committee will provide strategic vision and planning for Clery Act compliance, including, but not limited to:
  1. Ensuring their respective departments or units understand the relevance and requirements of the Clery Act that may impact departmental operations;
  2. Providing relevant information regarding their departmental operations to the Clery Act Coordinator and other Clery Committee members;
  3. Reviewing relevant College policies and procedures that may affect Clery Act Compliance; and,
  4. Facilitating appropriate training and education for Clery Act awareness and compliance.
3. The Clery Act Committee will meet quarterly, at a minimum, and will review quarterly crime statistic submissions to the College System of Georgia, annual crime statistics, and the Annual Security Report and Annual Fire Safety Report as prepared by the Clery Act Coordinator in conjunction with the Classification Review Work Group.
4. Members of the Clery Act Committee are subject matter experts and senior-level representatives from the following departments:
  1. Public Safety, Human Resources, Legal Affairs, Internal Audit, Equity and Compliance/Title IX, Facilities, Auxiliary Services, Athletics, International Programs, Dean of Students, Residence Life, Recreational Sports, Student Counseling, Financial Aid, and Communications
Classification Review Work Group
1. The Clery Act Coordinator serves as the Chair of the Multidisciplinary Classification Review Work Group and is responsible for scheduling and facilitating meetings, no less than monthly, including an agenda designed to provide collaborative review of alleged criminal incidents to ensure complete and accurate identification and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals. The Clery Act Coordinator (or his/her designee) will also document and maintain records of the review and determinations made by the Classification Review Work Group.
2. The Classification Review Work Group will meet monthly, at a minimum, to review alleged criminal activity and disciplinary incidents for the purposes of:
  1. Ensuring complete and accurate identification of Clery-reportable crimes, arrests, and disciplinary referrals;
  2. Ensuring accurate and appropriate classification of Clery-reportable crimes, arrests, and disciplinary referrals; and,
  3. Providing support for the preparation of quarterly reports for submission to the College System of Georgia, annual reports of crime statistics, and the Annual Safety and Fire Report.
3. Members of the Classification Review Work Group are subject matter experts from the following departments:
  1. Public Safety, Human Resources, Legal Affairs, Internal Auditor, Facilities, Equity and Compliance /Title IX, Student Affairs, and Residence Life

V. Violence Against Women Act

Prohibition on VAWA Sexual Misconduct: GGC prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking as those terms are defined in this policy. This policy covers alleged VAWA Sexual Misconduct whether or not it is alleged to have occurred on or off-campus, and whether or not it is on the basis of sex.
GGC shall each year in the Clery Act Annual Security Report (“ASR”) disclose, as required by 34 CFR § 668.46(k), a summary of each type (including student, faculty, and staff) of VAWA Sexual Misconduct disciplinary proceeding used by the institution. Such information will be reviewed annually to ensure that it is current and accurate prior to publication of the ASR.
Disciplinary Proceedings
1. All VAWA Sexual Misconduct proceedings will include “a prompt, fair, and impartial process from the initial investigation to the final result” as defined by 34 CFR § 668.46(k)(3)(i). This includes, but is not limited to, the following procedural safeguards for all parties:
  1. Providing timely and equal access to the complainant, the respondent, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings.
  2. Simultaneous written notification to both the complainant and the respondent of:
    1. The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking;
    2. The procedures for the respondent and complainant to appeal the result of the institutional disciplinary proceeding;
    3. Any change to the result; and,
    4. When such results become final.
  3. If an appeal is filed by either party, GGC will notify the other party in writing within the specified number of business days and afford them an opportunity to respond in writing within a similar timeframe.

VI. Prohibition on Retaliation

GGC, or an officer, employee, or agent of the institution, may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision in this policy. Any officer, employee, or agent of the institution found to have engaged in retaliatory conduct that violates this policy will be subject to disciplinary action.

VII. Collection and Reporting of Data

In accordance with the requirements of the Clery Act and VAWA, the College shall:
1. Provide means for campus community members to report crimes or other emergencies occurring on campus.
2. Issue Timely Warnings to alert the campus community of Clery Crimes considered by the College to represent a threat to students and/or employees.
3. Maintain a written and understandable daily public log of all crimes reported to Public Safety, unless publishing the information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence. Reported crimes from all applicable sources will be entered into the log within two business days of the receipt of the crime report. The daily crime log shall include:
  1. The nature, date, time the crime was reported, and the general location of the crime, but must exclude any information that could be used to identify the victim.
  2. Any crime that occurred within GGC Clery Geography and/or jurisdiction.
4. Annually identify, notify, train, and regularly communicate with CSAs for the purpose of collecting and accurately reporting of Clery Crimes, arrests, and/or disciplinary referrals.
5. Collect and record crimes reported via telephone, email, in person, or the online reporting system and report them to Public Safety. The crimes will subsequently be recorded in the correlating case management system.
6. Review and accurately classify crimes recorded in GGC case management systems and collected from local law enforcement agencies annually.
7. Maintain documentation of review, classification, and reportability of crimes, arrests, and discipline referrals in an internal database for the purposes of reporting to the U.S. Department of Education, University System of Georgia, and publication of the Annual Security Report and Annual Fire Safety Report.
8. Monitor the work of the Classification Review Work Group and Clery Act Committee at least quarterly.
9. Compile and submit quarterly Clery Act Crime statistics to the College System of Georgia by April 15, July 15, October 15, and January 15 for the prior three-month reporting period.
10. Compile and submit annual Clery Act Crime statistics to the U.S. Department of Education by the published deadline.
11. Prepare the College’s Annual Security Report and Annual Fire Safety Report for distribution to the campus community by October 1, unless notified by the U.S. Department of Education of a change in the reporting deadline.

VIII. Related Regulations, Statues, Policies, and Procedures

34 CFR § 668.41 - Reporting and disclosure of information
34 CFR § 668.46 - Institutional security policies and crime statistics
34 CFR § 668.49 - Institutional fire safety policies and fire statistics
BOR Policy Manual 6.7 Sexual Misconduct Policy
Georgia Gwinnett College Emergency Action Plan Summary
APM 4.1.7 Title IX/Sexual Misconduct Policy
APM 12.1 Non-Discrimination and Anti-Harassment Policy