Clery Compliance

The Clery Act requires Vanderbilt University ("VU") to disclose in our Annual Security & Fire Safety Report the number of incidents that: 

1. Were reported to a campus security authority or to law enforcement; 
2. Occurred on campus or at another location specified in the law as part of VU’s Clery geography; and 
3. Meet the definition of an offense specified in the Clery Act. 

Clery Geography 

Crimes that occur on campus, within buildings owned or controlled by VU, and on public property adjacent to campus must be reported under the Clery Act. It is important to note that this includes more than just the main campus – VU owns buildings all over Nashville and owns or controls real estate all over the world. Crimes that occur at certain non-campus facilities, such as locations owned or controlled by recognized student organizations and Greek houses, must also be reported. If you are unsure whether an incident occurred within VU's Clery geography, you should report the incident.

Clery Act Offenses 

The Clery Act does not require VU to disclose all types of specific types of crime occurring within the institution’s Clery geography. However, the law requires the disclosure of specific types of crimes within five major categories: criminal offenses, hate crimes, arrests and referrals, VAWA offenses, and hazing. If you are unsure whether an incident meets the definition of a Clery Act crime, you should report the incident.

Criminal Offenses

The Clery Act requires that crimes that meet the following definitions be disclosed. 

Criminal Homicide 

• Murder/Nonnegligent Manslaughter: the willful (nonnegligent) killing of one human being by another. 
• Manslaughter by Negligence: the killing of another person through gross negligence. 

Sex Offenses : Any sexual act directed against another person without the consent of the victim, including instances where the victim is incapable of giving consent.

• Rape: 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. This definition also includes instances in which the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (including due to the influence of drugs or alcohol) or because of age. Physical resistance is not required on the part of the victim to demonstrate lack of consent. 
• 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 or physical 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. 

Other Crimes 

• Robbery: the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.*  
• Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.) 
• Burglary: the unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
• Motor Vehicle Theft: the theft or attempted theft of a motor vehicle including incidents where a vehicle is taken by a person not having lawful access even though the vehicle is later abandoned. i.e. joyriding. Motor vehicles include golf carts, electric scooters, and e-bikes commonly seen on campus.  
  
• Arson: any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. 

Arrests & Referrals

The Clery Act also requires the reporting of arrests and disciplinary referrals for:  

• Drug Law Violations: violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. 
• Liquor Law Violations: violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages. 
• Weapons Violations: violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. 

Violence Against Women Act (VAWA) Offenses 

Additionally, it is a requirement of the Clery Act to report the following VAWA offenses, even if the victim does not consider themselves to be a victim: 

• 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. 
  • 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. 

*Note: Tennessee does not have a specific statute on dating violence; however, violence involving persons in a dating relationship is included in TCA § 39-13-1111 Domestic Assault and would be included in the annual disclosure of statistics under the Domestic Violence statistic.

• Domestic Violence: a felony or misdemeanor crime of violence committed by:
  • A current or former spouse or intimate partner of the victim; 
  • A person with whom the victim shares a child in common; 
  • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 
  • 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 
  • 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. 
• 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.
  • 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. 

Hate Crimes

A hate crime is a committed criminal offense against a person or property motivated in whole or in part by an offender’s bias against a race, religion, disability, sexual orientation, ethnicity, gender, or gender identity. Any of the previous crimes listed and the following additional crimes must be reported as hate crimes if motivated by such a bias: 

• Intimidation: to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. 
• Larceny-theft: the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
• Simple Assault: an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness. 
• Destruction/Damage/Vandalism: to willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. 

What is a campus security authority?

The Clery Act designates campus community members as campus security authorities (CSAs). When these individuals become aware of a crime on or around campus, they are obligated under federal law to report the information to the University. CSAs play a key role in ensuring the safety of the Vanderbilt community by delivering information to the necessary offices, such as VUPS, Title IX, or the Clery Office. This helps ensure that the campus remains informed and that individuals can access the support and resources they deserve.

CSAs do not need to investigate a crime but simply need to report information accurately and timely. Vanderbilt has a responsibility to notify the campus community about crimes that pose a serious or ongoing threat to the community.

Who is a campus security authority?

The designation of campus security authority includes:

1. A campus police department or a campus security department of an institution.
2. Any individual who has responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property.
3. Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
4. An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.

Vanderbilt University campus security authorities include but are not limited to:

• All employees of the following departments*:
  • Vanderbilt University Public Safety
  • Student Affairs
  • Housing and Residential Experience
  • Title IX Office
  • Equal Opportunity and Access Office
  • Athletics
• Front desk receptionists responsible for limiting access to buildings or areas
• Building Managers and those with the ability to access buildings or rooms for others
• Anyone supervising students outside of a classroom environment, including:
  • Student worker supervisors
  • Faculty or staff advisors to student groups/organizations
  • Individuals traveling with students domestically or overseas
• Student/Victim Advocates
• Individuals responsible for minors, including employees at the Susan Gray Center, Acorn School, Roberts Academy, as well as persons leading special programs on-campus involving minors.
• Anyone to whom a department or the University instructs individuals to report crimes

• Anyone to whom a department or the University instructs individuals to report crimes

Faculty members who only teach and have no other duties are not classified as CSAs. However, anyone with significant responsibility for student and/or campus activities is considered a CSA.

*The only individuals expressly exempt from being CSAs under the Clery Act are professional or pastoral counselors operating within the scope of their license. The following are considered confidential resources and do not have reporting requirements as CSAs.

• University Counseling Center
• Lyra
• Student Health Center
• Center for Spiritual and Religious Life

Why am I a campus security authority?

You were identified by a school, department, organization, or program as meeting the definition of a campus security authority.

Your role as a CSA is important not only because it is a federal obligation, but also because you are in a position where someone is likely to come to you with such information and trusts you will be able to provide them with helpful guidance and direction.

Where to Report

All victims and witnesses are encouraged to report any or all information regarding suspected criminal activity, missing persons, and any emergency to VUPS as soon as possible. In an emergency, dial 911 from any Vanderbilt telephone or (615) 421-1911 from a cell phone to contact the Vanderbilt University Public Safety Dispatch Center. You may also request emergency or non-emergency assistance and information through the VandySafe app. Additional information about reporting resources on campus can be found at this Where to Report Chart.

If you are unsure for any reason whether an incident should be reported, you should always report!