Clery Act: How it works and what it means at SEMO

No matter how safe a campus may be, crimes such as assault, theft and liquor violations are prevalent. All crimes are reported to SEMO officials and compiled into a report known as the Annual Fire and Safety report.

The 2021 Annual Fire and Safety report was emailed to the SEMO students, faculty and staff on Sept. 30, 2022, by the Department of Public Safety (DPS).

What is the Clery Act?

The report, known as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act), contains information from the Higher Education Opportunity Act of 2008 and the 2013 Reauthorization of the Violence Against Women Act.

Each report includes information from 2019 to 2021 and details procedures for reported crimes occurring on and off campus, as well as on public property, while outlining policies for safety procedures.

The statistical provisions for each campus include crime, arrests, disciplinary referrals, violence against women, hate crimes and unfounded crimes.

Statistics in the Clery Act are from SEMO’s main Cape Girardeau campus, including the River Campus, Cape College Center (CCC), and the regional campuses in Sikeston, Mo.; Malden, Mo.; and Kennett, Mo.

Director of DPS Beth Glaus said unless the crime was directly reported to DPS, the incident is not included in the report.

“[DPS] made an arrest a week ago for an individual who was on our property, acting suspiciously, which is not a crime. But when we came upon him, we we noticed his behavior. He was a wanted person out of Jefferson County, for I believe some property crimes and burglary. He was arrested and it counts as an arrest for the University. But because he counts as an arrest does not mean that the burglary occurred here,” Glaus said.

Glaus said a reported crime does not equate to arrests and referrals.

“If you live in a Residence Hall and your room is burglarized. You might call us and give details about the burglary. But when we arrive and work the scene, you tell us you share the suite with three others. Then we have to report four burglaries because four people live in the same room. That is a Cleary requirement,” Glaus said.

Offense definitions

Offenses determined as crimes by the Clery Act include murder, negligent and non-negligent manslaughter, rape, unwanted fondling, incest, statutory rape, robbery, aggravated assault, burglary, motor vehicle theft and arson.

Crimes that result in arrests and disciplinary referrals include carrying or possessing weapons, drug abuse and liquor law violations.

Glaus said the difference between a disciplinary referral and action depends on who the incident was reported to.

“Let's say you live in a Residence Hall and you and your suitemates are smoking it up and drinking. Somebody calls Residence Life and Residence Life comes, talks to you and refers you to the Conduct Office. You and your suitemates are referred to the Conduct Office because Residence Life sees the marijuana and the open alcohol. That is the referral,” Glaus said. “Then you have your day in court or your day at the judicial proceeding to plead your case. Your action is the disposition or the adjudication of the referral”.

Crimes classified as violence against women include dating violence, domestic violence and stalking.

University safety measures

The University takes several measures to ensure relevant statistics are reported correctly. Data is reported from the Office of Equity and Diversity, University Title IX records, Office of Student Conduct, Department of Athletics, Campus Life and Event Services, Center for Behavioral Health and Accessibility, Office of Residence Life, Cape Girardeau city and county police departments, CCC, River Campus and regional campuses. The data contains the date, location and individuals involved in crimes recorded by the offices and organizations listed.

The university’s visitor guidelines for residence halls aim to ensure student and faculty safety. Residence halls are “for the exclusive use of residents, their guests and University personnel.” Guests must be registered with a residence assistant or hall director, approved by the host’s roommate, follow all rules and regulations, and register vehicles with Department of Public Safety (DPS). Guests may be removed and prohibited from returning to campus if rules are not followed. Additional safety measures include door keys and locks for residences, video monitoring in common areas and room checks.

The university provides several programs to prevent crime and ensure student safety, such as FirstStep Orientation, Southeast Step UP and active shooter training. Transit Shuttle Services, lighted corridors, SE Alerts and the emergency siren system provide additional safety for students.

In the event of safety threats to the University body, including regional campuses, alerts are sent through email, text, portal messages, SEMO websites, social media and public addresses from DPS. Alerts may include the nature of the crime, time, location, description of the perpetrator — if known — and guidelines for further safety measures.

Emergency notifications

Clery Act notices fall under two categories: “Clery timely warning” and “emergency notification.” A notice containing general information is classified as an “informational notice.”

Timely warnings, required by the Clery Act for specific crimes, are campus-wide alerts issued to notify students and employees of a serious threat on campus. These threats include homicide, sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, hate crimes and violence against women. The Act does not specify “timely” or information to be included within notices. Crimes requiring a timely warning must be investigated by University or City police.

An immediate emergency alert will be sent to the university body in instances of a threat or on-campus emergency. Alerts can be sent by DPS; emergency managers; facilities management; building coordinators; instructors; The National Weather Service; federal, state, or local law enforcement; or personnel. Situations may include a serious illnesses outbreak, extreme weather, gas leak, terrorist incident, intruder, active shooter, bomb threat, civil unrest, explosion, or hazardous or chemical waste spills.

Informational notices include all non-emergency notifications, such as unscheduled changes, cancellations, scams and technology alerts. Notifications may be sent through regional media, social media, broadcast alerts, print alerts, text and email.

Glaus said all crime scenes are identified by geographic location for appropriate jurisdiction.

“If a crime was committed across the street, by Cleary definition, [the crime] was on public property which is on campus public property. The Cleary definition is campus, sidewalk, street and sidewalk. One year, we had a robbery occur across from the International Village. [DPS] had to report the crime as on campus because it was campus public property,” Glaus said.

Crimes and other offenses can be reported to DPS at (573) 651-2215 or the Title IX coordinator at (573) 651-2524. The University body may contact the Office of Residence Life, Campus Life and Event Services, Office of Student Conduct, Human Resources, Department of Athletics, or Center for Behavioral Health and Accessibility for further support.