Clery Act Reporting
What is the Clery Act?
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal statute requiring colleges and universities participating in federal financial aid programs to maintain and disclose campus crime statistics and security information.
Clery Act Requirements
The Clery Act requires colleges and universities that receive federal funding to disseminate a public annual security report (ASR) to employees and students every October 1st. This ASR must include statistics of campus crime for the preceding 3 calendar years, plus details about efforts taken to improve campus safety. ASRs must also include policy statements regarding (but not limited to) crime reporting, campus facility security and access, law enforcement authority, incidence of alcohol and drug use, and the prevention of/response to sexual assault, domestic or dating violence, and stalking.
Clery Crime Definitions
Ohio law defines this as any touching of an erogenous zone of another, including the thigh, genitals, buttocks, pubic region, areas particularly sensitive to sexual stimulation, or, if such person is female, breast(s), for the purpose of sexually arousing or gratifying either person.
Ohio law defines this as vaginal intercourse between a male and female, and anal intercourse or oral sexual activity between persons regardless of gender. Penetration with any body part or object, however slight, is sufficient to complete vaginal or anal intercourse.
Ohio law defines this as having sexual contact with another when the offender knows that the contact is offensive to the other person or is reckless in that regard; or the offender knows that the other person’s ability to appraise the nature of the contact or ability to control the contact is substantially impaired; or the offender knows the other person submits because they are unaware of the sexual contact.
Gross Sexual Imposition
Ohio law defines this as having sexual contact with another, by force or threat of force; or the offender substantially impairs the other person's judgment or control using drugs or intoxicants secretly or by force, threat of force, or deception.
Ohio law defines this as having sexual conduct with another by knowingly coercing the other person to submit; or the offender knows the other person’s ability to appraise the nature of or control their own conduct is substantially impaired; or the offender knows the other person submits because they are unaware that the act is being committed.
Ohio law defines this as engaging in sexual conduct by force or threat of force; or for the purpose of preventing resistance, offender substantially impairs victim's judgment or control by giving any drug/intoxicant secretly or by force, threat of force, or deception. Victim need not prove physical resistance.
Sexual assault is an umbrella term and not a legal definition. It includes the crimes of sexual imposition, gross sexual imposition, sexual battery and rape. It covers a wide range of actions that may violate criminal law and/or University policy when taken against a person without the person's knowing consent, against the person's will, or under force, threat of force, or coercion. Sexual activity occurring when someone is medicated, asleep, passed out, or substantially impaired by drugs or alcohol can also be illegal. In these situations a person cannot truly consent since she or he is not in a coherent state of mind.
Ohio law defines domestic violence as violence or threats of violence that occur between family or household members.
There is no legal definition in Ohio for dating violence. Statistics for dating violence in this report include incidents, other than domestic violence, where violence or the threat of violence is committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
Menacing by Stalking
While there is no legal definition for stalking in Ohio, there is another closely related law. Ohio law defines menacing by stalking as occurring when someone knowingly engages in a pattern of conduct that causes another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person.
When the BGSU Police determine that a Clery Act crime occurring in our Clery jurisdiction represents a serious or continuing threat to students and employees, they will use the Crime Alert as a vehicle to make timely warnings to the campus community. The purpose of a timely warning is to provide information that will aid in the prevention of similar crimes by enabling people to protect themselves. Timely warnings will be issued as soon as the pertinent information is available. If the BGSU Police determine there is a serious or continuing threat, federal law requires BGSU to issue timely warnings for serious crimes such as murder, robbery, aggravated assault, burglary, motor vehicle theft, rape and certain hate crimes if the crime occurred on campus, on property owned or controlled by the University, or on public property that is immediately adjacent to campus such as streets and sidewalks that border campus.
The BGSU Director of Public Safety or his/her designee will determine on a case-by-case basis whether a timely warning will be issued via a Crime Alert.
At BGSU Firelands, warnings are issued by the Dean or the Director, Budget and Operations, in consultation with the Erie County Sheriff's Office and the BGSU Director of Public Safety.
Timely warnings will generally contain the following information:
• Type of criminal activity reported
• Date and time of the incident
• Location of the incident
• A brief description of the offense
• Specific safety response and safety tips
• Police and emergency telephone numbers
• Date of issuance
An emergency notification is different than a timely warning or crime alert. Emergency notifications will be issued immediately upon confirmation that any significant emergency or dangerous situation exists that involves the immediate threat to the health or safety of students, employees, guests or visitors on campus. An emergency notification will be issued via an AlertBG text message, digital signage, mass email, and posts to Facebook, Twitter and the BGSU home page. Emergency notifications are typically more immediate, shorter, and contain less information than timely warnings due to the fast evolving nature of emergency situations. Updates or follow-ups to emergency notifications will be given as necessary when information becomes available. In some situations, an emergency notification may also serve as a timely warning depending on the circumstances and the information available. See the emergency response procedures that follow regarding details about emergency notifications.
Reporting Crimes and Other Emergencies
All crimes should be reported immediately to the police. If the incident has occurred on campus it should be reported to the Bowling Green State University (BGSU) Police. The BGSU Police Department, 100 College Park Office Building, is accessible 24 hours a day to receive information or provide police services. The BGSU Police Department has primary jurisdiction for all crimes occurring on University property. Criminal activity or emergencies (fire or medical) may be reported by dialing 911 or 2-2346 from any University phone.
Any criminal activity taking place off campus, in the city of Bowling Green, is in the jurisdiction of the City of Bowling Green Police Division, located at 175 W. Wooster St., and can be reported 24 hours a day by dialing 911 or 419-352-2571. Dialing 911 from a cell phone will put you in contact with a Wood County 911 dispatcher who will then route the call to the appropriate police agency. Incidents that occur outside of Bowling Green city limits, in Wood County, can be reported to the Wood County Sheriff's Office, 1960 E. Gypsy Lane Road, or by phoning 419-354-9001.
Additionally, crimes can be reported to individuals holding the position of a Campus Security Authority (CSA), members of the Office of the Dean of Students, the Title IX office, and other responsible employees. Crimes reported through these methods will be included in the statistics in our annual report, but no personally identifying information regarding persons involved in the incidents will be included in the annual report or on the crime log. For more detailed information related to reporting please review the annual security report (ASR).
Because of the public records law, Bowling Green State University does not have a policy that permits the confidential reporting of crimes for inclusion in the annual crime statistics report. However, information about crime reports will be kept as private as possible and will only be shared on an as-needed basis or as otherwise required by public records law.