4WS: LESSON TWO - WHERE

REVIEW: RESOURCES - DETERMINING GEOGRAPHY

Review the below Clery Geography Checklist. Also, if you have access to the Handbook, go to page 2-2 for on-campus building/property, page 2-11 for public property, and page 2-18 for noncampus buildings/property. If you don’t have access, see the Handbook when you next have access.

CLERY GEOGRAPHY CHECKLIST

Building/Property: _______________________________________________________________________

__Y __ N Does the building/property fit ON-CAMPUS criteria?
YES, if you check all for either grouping:

  • Owned or controlled by the institution
  • Within the same reasonably contiguous geographic area (in a location that you and your students consider to be, and treat as, part of your campus), and
  • Directly supports or relates to the institution’s educational purposes (e.g., residence halls, administrative buildings, buildings that house classrooms/ labs, and fraternity and sorority houses that fit these criteria)

OR

  • Within or reasonably contiguous to geographic area identified above Owned by the institution but controlled by another person/entity Frequently used by students, and
  • Supports institutional purposes (e.g., food vendors and campus bookstores)

__Y __ N If you checked “Yes” to the building/property as an ON-CAMPUS location, is it ON-CAMPUS STUDENT HOUSING?

(Student housing facility owned or controlled by the institution or located on property owned or controlled by the institution and within the reasonably contiguous geographic area that makes up the campus; include parking facilities and dining halls that are physically attached to and accessed directly from student housing facilities.)

__Y __ N Does the building/property fit PUBLIC PROPERTY criteria? (Public means owned by a public entity such as a city, state, or federal government.) YES, if you check any:

  • Public property within the campus or immediately adjacent to and accessible from the campus
  • Public road, path/sidewalk, or parking facility running through the campus
  • Public road, public path/sidewalk, or public parking facility that is immediately adjacent to and accessible from campus using the “sidewalk, street, sidewalk” rule (Your public property does not include anything beyond the 2nd sidewalk. If there isn’t a 2nd sidewalk, it doesn’t include anything beyond the street.) If you checked this box, there should be: no barrier between campus border and the public property (e.g. step off a curb on to a public sidewalk); or some type of barrier exists but is frequently ignored by students (e.g., a fence or wall that students climb over, under or through).
  • Public park or waterway immediately adjacent to the campus for which the institution would use the “one mile” rule (extend one mile into the public park or waterway adjacent to the campus; if it is gated, then only for the period of time the park or waterway is accessible)
  • Public transit stops (trolley, subway/metro, or bus stop) on campus or immediately adjacent to campus up to the point at which the rider is required to pay a fare

__Y __ N Does the building/property fit NONCAMPUS criteria? YES, if not within the same reasonably contiguous geographic area of the institution (the main campus) AND does not constitute a separate campus, AND meets one of the following criteria:

  • Owned or controlled by the institution AND used in direct support of/or in relation to the institution’s educational purposes AND frequently used by students (E.g., research boats/ships/vans/or other mobile classrooms, space rented or leased for classes during set periods of time, off-campus housing units owned or controlled by the institution.) If not owned by the institution, is the specific location and extent of control afforded (dates, times, etc.) noted in a written agreement between the owner and the institution?

OR

  • Owned or controlled by a student organization that is officially recognized by the institution (e.g., fraternity and sorority houses that fit these criteria and is not located on on-campus property)

Note: For a noncampus building or property owned by the institution, statistics must be disclosed for crimes that occur there at any time. For a noncampus building or property controlled but not owned by the institution, statistics must be disclosed for crimes committed during the time periods the institution controls the space (time, dates and space as specified in the agreement). Do not include statistics that occur in a non-controlled portion of a leased building. Do include any stairway, hallway, or lobby used to access the leased or rented space.

Other noncampus considerations: (1) Include corporate offices owned/controlled by the institution and not on the main campus only if frequented by students. (2) Statistics shouldn’t be disclosed for use of prisons, military bases, or hospitals without agreements giving institutions control of the space. (3) Third-party agreements that give the institution control are deemed noncampus property if the property meets all the noncampus criteria. (4) A building owned by the institution but controlled by a third party shouldn’t be included in the noncampus property reporting category unless it meets all noncampus property criteria (e.g., an institution-owned apartment building not reasonably contiguous to the campus that is managed by a third party and is not designated for student housing would not fall under noncampus property). (5) Recommendations to students for housing not owned or controlled by the institution are not part of the noncampus category. (6) If multiple institutions share a campus that has noncampus buildings or property, the noncampus property is only reported by the institution that owns or controls that property unless there is an agreement that gives the other institution(s) use of the property/building as well.

__Y __ N Does the location of an OFF-CAMPUS TRIP fall within NONCAMPUS PROPERTY for the time the institution has control over specific locations? YES, if you check one:

  • It is a repeated visit to one location for overnight stay (the institution goes to the same location each year)
  • It is a short-stay “away” trips (institutional trip of more than one night), with the institution reporting all locations controlled by the institution that are used by students during the trip to support educational purposes (e.g., a marine biology trip to Florida – any classroom or housing space specified in a written agreement would be noncampus property) (Institution must have some level of control of the location for it to be counted as a Clery geography.)
  • It is an institutionally owned or controlled property abroad that is frequently used by students but does not fit the definition of a separate campus.

Note: Study abroad could fall into one of 3 categories: a separate campus, noncampus buildings and property, or not reportable. A branch campus abroad would be considered a separate campus. If the institution owns or controls property abroad that is frequently used by students but the location does not fit the definition of a separate campus, it would be noncampus. If the institution sends students abroad to locations it does not own or control (like on a field trip), that trip would not fall under Clery Act geography. However, institutions should consider whether a location is repeatedly used, as this may redefine whether it is included within Clery geography.

__Y __ N Does the building/property fit SEPARATE CAMPUS criteria? YES, if you check all:

  • The institution owns or controls the site
  • It is not reasonably contiguous with the main campus
  • There is an organized program of study, AND
  • There is at least one person on-site acting in an administrative capacity (e.g., director, building coordinator, registrar, secretary).

If you are still unsure, a YES to the following question points to the building/property being a separate campus:

  • Does the location have significant managerial authority and autonomy? Does the location have significant budgetary and hiring authority?
  • Does the location function as a distinct administrative unit?

Note: See above note on study abroad programs

Note: Each campus (a main, branch, or satellite location) must comply separately with Clery requirements

__Y __ N Does the building/property NOT fall within Clery reporting requirements

__Y __ N Do you still have questions about whether this building/property would be Clery geography and/or its Clery geography category? If YES, check what needs to be done to find the answer:

  • Review the Handbook
  • Figure out who to contact to clarify questions about ownership or control
  • Look at written agreements for reference and/or follow up with individuals involved in contracting or utilizing specific spaces
  • Consult with Westat (e-mail HandbookQuestions@ed.gov)
  • Other (indicate):

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