Clery Act Compliance
Identifying Clery Geography
Incident location is an important factor in determining Fresno State's responsibilities under the Clery Act. It also matters whether or not Fresno State has ownership or control of that location, and how it functions in relation to Fresno State's overall operations.
There are three Clery geography categories: On Campus, Noncampus and Public Property.
On campus Clery geography consists of any building or property owned or controlled by Fresno State within the same reasonably contiguous geographic area and used by the university in direct support of, or in a manner related to our educational purposes. This includes academic, administrative and residence hall buildings.
On Campus locations controlled by another entity but still owned by Fresno State are included in this category. They are frequently used by students and support Fresno State's institutional purposes, such as food or other retail vendors.
Residence Halls are a Subset of On Campus Geography. This means that Clery crimes reported for our residence halls are represented in both the "On Campus" and "Campus Residential" geography categories of the Annual Security Report.
Ownership or Control by Student Organizations-any building or property that is owned (or controlled) by a student organization that is officially recognized by Fresno State.
Any building or property that is owned or controlled by Fresno State, used in direct support of (or in relation to) our educational purposes, is frequently used by students, is not within the same reasonably contiguous geographic area of Fresno State (generally considered to be more than one mile away) and does not meet the Clery Act definition of a “Separate Campus”.
Noncampus may also include locations in which Students stayed overnight at least one night, or locations in which Students did not spend the night, but we utilized off campus spaces on more than one day (i.e., weekly meetings in a classroom space or practice facility).
Clery-reportable public property consists of two limited areas.
The first is public property within the campus boundary.
The second is public property that's immediately adjacent to, and accessible from the campus boundary (sidewalk-street-sidewalk only). Noncampus locations do not have a public property reporting requirement.
To comply with the Clery Act, we are tasked with identifying all of our reportable geography, which includes qualifying off-campus student activities and travel. Any off-campus activity that meets these criteria must be reported, regardless if any Clery Act reportable crimes were known to have occurred.
The university needs information on Clery Act qualifying locations in order to follow-up with the local law enforcement agency with jurisdiction over the Clery reportable space. A letter is sent to the location’s local law enforcement agency requesting Clery Act crime statistics that were reported to have occurred during the time frame the university had control over the space. The purpose of sending this letter is to gather crime statistics that were reported directly to the local law enforcement and thus may not be known to university personnel.
* Note, other university/departmental internal crime reporting requirements may also exist on any Clery Act reportable and non-reportable student trips.
Not all off-campus student activities and travel needs to be reported. To be Clery reportable, the activity must meet certain requirements:
First, the university must have control over the space used for the student activity and/or travel.
Control, as defined by the Clery Act, means that there is a written agreement (no matter how informal) directly between the university and the end provider for use of the space. Some examples of a written agreement include reserving hotel rooms, leasing apartments, leasing space for athletic purposes, or an agreement for academic space. Even if the agreement is in e-mail form, and there is no charge associated with the agreement, the space may still qualify as Clery reportable.
Second, the controlled space must be used in direct support of, or in relation to, the institution’s educational purposes and frequented by students. "Frequently used by students" is defined as meeting at least one of the following two criteria:
More than one night.
- Repeated use of the same location - either during the same calendar year or annually.
- Report the use of these noncampus locations, including over-night field trips, off campus course meetings, and short stay-away trips here.
Identifying Clery Crimes
The four Clery crime categories listed below each have unique definitions, counting rules and exceptions that apply to them. Click here to download additional information on Clery crime category descriptions.
Murder & Non-Negligent Manslaughter
Manslaughter by Negligence
Sexual Assault (Sex Offenses)
- Statutory Rape
- Aggravated Assault
Motor Vehicle Theft
- Crimes Within Criminal Offenses Category
- Simple Assault
- Destruction/Damage/Vandalism of Property
- Dating Violence
- Domestic Violence
- Drug Law Violations
- Liquor Law Violations
- Weapon Law Violations