The Clery Act requires Georgia Tech to:

1. Disclose the institution’s annual crime statistics in its Annual Security and Fire Safety Reports by October 1st each year and on the U.S. Department of Education's Campus Safety and Security Data Analysis Cutting Tool. The reports contain information regarding safety- and security-related policies and crime statistics for GA Tech’s campuses for the past three calendar years. The reports also contain fire safety-related policy statements as well as fire statistics associated with each on-campus student housing facility for the past three calendar years.
2. Publish a Daily Crime Log, containing information on crime that occur in the GA Tech’s Police Department jurisdiction.
3. Publish a Daily Fire Log, containing information on fires that occur in residential facilities.
4. Issue Timely Warnings (Clery Act Safety Alerts) and Emergency Notifications.
5. Identify, notify, and train Campus Security Authorities, who are obligated to report Clery Act incidents using GA Tech’s CSA Reporting Form.
6. Provide students and employees, on an introductory and ongoing basis, prevention and awareness programs on dating violence, domestic violence, sexual assault, and stalking, including bystander intervention and risk reduction.
7. Provide victims of dating violence, domestic violence, sexual assault, and stalking with information regarding their rights, options, and resources, written explanations of their rights, and prompt, fair, and impartial proceedings by trained employees.

Primary Crimes

• Criminal Homicide - Manslaughter by Negligence - The killing of another person through gross negligence.
• Criminal Homicide - Murder and Nonnegligent Manslaughter - The willful (nonnegligent) killing of one human being by another.
• Rape - The 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.
• 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 his/her age or because of his/her temporary or permanent mental incapacity.
• Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent.
• 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. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned—including joyriding.)
• 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.

Sources: 34 CFR §668, Subpt. D, App. A; FBI Uniform Crime Reporting Program Summary Reporting System (SRS); FBI Uniform Crime Reporting Program National Incident Based Reporting System (NIBRS)

Arrests and Referrals

• Weapons - Carrying, Possessing, Etc. - The 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.
• Drug Abuse Violations - The 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. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
• Liquor Law Violations - The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.

Sources: 34 CFR §668, Subpt. D, App. A; FBI Uniform Crime Reporting Program Summary Reporting System (SRS)

Hate Crimes

• Hate crime - A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. For the purposes of this section, the categories of bias include the victim’s actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability.

Source: 34 CFR §668.46(a)

• Larceny -Theft (Except Motor Vehicle Theft) - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are excluded.
• 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.
• 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.
• Destruction/Damage/Vandalism of Property - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Sources: 34 CFR §668, Subpt. D, App. A; FBI UCR Hate Crime Data Collection Guidelines and Training Manual

Violence Against Women Act Crimes

• 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.
  • For the purposes of this definition—
    • 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.
  • For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
• Domestic violence –
  • A felony or misdemeanor crime of violence committed—
    • By a current or former spouse or intimate partner of the victim;
    • By a person with whom the victim shares a child in common;
    • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    • By 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
    • By 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.
  • For the purposes of complying with the requirements of this section and § 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
• 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

    • Suffer substantial emotional distress.

  • For the purposes of this definition—
    • 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.
  • For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Sources: 34 CFR §668.46(a); Violence Against Women Act

A hate crime is defined as any crime that manifests evidence that a victim was selected because of his/her actual or perceived race; gender; gender identity; religion; sexual ori¬entation; ethnicity; national origin or disability.  A hate crime is not a separate, distinct crime, but is the commission of a criminal offense which was motivated by the offender's bias.  If the facts of the case indicate that the offender was motivated to commit the offense because of his/her bias against the victim's perceived race; gender; gender identity; religion; sexual ori¬entation; ethnicity; national origin or disability, the crime is classified as a hate crime. For more information on the definition and classification of hate/bias crimes, FBI's Data Collection Manual.

Confidentiality is limited to that provided by law. Because police reports are public records under state law, GTPD cannot hold reports of crime in confidence. Confidential reports, for purposes of inclusion in the annual disclosure of crime statistics, can be made to Campus Security Authorities (as identified above) — excluding sworn members of the GTPD. Accurate and prompt reporting will facilitate timely initiation of warnings and other appropriate emergency response procedures, and will also help ensure the accuracy of crime statistics compiled in compliance with the Clery Act.

Persons Exempt from Reporting Clery Reportable Crimes Pastoral counselors and professional counselors, as defined below, when acting as such, are not considered to be Campus Security Authorities and are not required to report crimes. The Institute encourages them, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion in the annual crime statistics. A pastoral counselor is an employee of the Institute who is associated with a religious order or denomination, who is recognized by that religious order or denomination as someone who provides confidential counseling, and who is functioning within the scope of that recognition as a pastoral counselor. A professional counselor is an employee of the Institute whose official responsibilities include providing psychological counseling and who is functioning within the scope of his or her license or certification.

Effective July 1, 2012, Georgia state law requires all Institute employees and volunteers who, in the course of their duties, suspect that a child has been abused on or off campus to report that abuse immediately to the GTPD in person or by phone at 404.894.2500 or 404.894.GTPD. Employees and volunteers must also report suspected child abuse to their supervisor, program director, or a Georgia Tech official as soon as possible. For more information, see the Georgia Tech Mandatory Reporting of Child Abuse Policy in the Georgia Tech Policy Library.

The Georgia Institute of Technology has a Georgia Tech Emergency Notification System (GTENS), which is activated during emergencies to provide the campus and the community with a prompt notification of a confirmed situation and to provide instructions for taking action if needed.

• Emergency Notification: The Institute will immediately notify the campus community after confirming that a significant emergency or dangerous situation involving an immediate threat to the health or safety of students, faculty, staff or visitors is occurring on the campus. In those instances, the Institute will, without delay, and taking into account the safety of the community, determine the content of the notification and activate the notification system.
  • However, if in the professional judgment of responsible authorities, issuing an emergency notification would compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency, the notification may be delayed. In those cases, the Institute’s Chief of Police, or the ranking Police Department officer in charge during his/her absence, will be notified, and once the potentially compromising situation has been addressed the emergency notification will be issued immediately.
• Timely Warning: The Institute will notify the campus community of any Clery Act crime as soon as the information is available to enable people to protect themselves and/or their property from similar crimes only under the following conditions as determined by the Police Department:
  • There is a serious or continuing threat to the campus community AND
  • Issuing the timely warning will not compromise law enforcement efforts to address the crime.
  • All available information, both public and confidential, will be taken into consideration when determining if a serious or continuing threat exists. Those considerations include, but are not limited to, the relationship between victims and perpetrators, whether an arrest has been made that mitigates the threat and the amount of time that has passed between the commission of the crime and Police being notified of the crime. Although each case will be evaluated on an individual basis, in general a report that is filed more than five days after the date of the alleged incident may not allow Police to post a “timely” warning.
  • If, in the professional judgment of the Police Department, issuing a timely warning notification would compromise efforts to address the crime, the notification may be delayed or information may be limited. In those cases the Institute’s Chief of Police, or the highest-ranking officer in charge, will be notified. Once the potentially compromising situation has been addressed, the timely warning notification will be issued immediately if the serious or continuing threat still exists.
  • The Georgia Tech Police Department may not necessarily issue timely warnings for every Clery Act criminal incident that is reported since that specific incident may not pose a continuing threat to the community. Individuals should exercise due care and caution to avoid being victimized. Check out the crime prevention tips posted by the Georgia Tech Police Department to deter these crimes or attend one of our crime prevention informational sessions. For more information on our crime prevention programs, click here.

• Yes. All institutional officials with significant responsibility for campus and student activities are considered to be Campus Security Authorities (CSAs) and have reporting obligations under the Clery Act. That is, they are required to report all crimes or incidents to the Police Department for data gathering purposes. These individuals have been notified of this responsibility and specialized training has been created to assist them in understanding their role. The following list denotes the positions at Georgia Tech thought to meet the definition of a CSA. This list is intended to be comprehensive, but certain positions may not be specifically listed.
  • All sworn members of the GTPD.
  • All academic deans, associate deans, and assistant deans.
  • All deans and directors, associate deans and directors, and assistant deans and directors in the following units of the organizational area of the Division of Student Life: The Office of the Vice President of Student Life and the Office of the Dean of Students.
  • The director of Title IX Compliance of the organizational area of Legal Affairs and Risk Management.
  • Campus victim-survivor advocates.
  • The vice president, associate vice president, executive directors, and assistant director of the organizational area of the Office of Institute Diversity.
  • All directors, associate directors, resident advisors, and peer leaders of the organizational area of Residence Life.
  • All directors and associate directors of the organizational area of the Student Center.
  • The associate vice president, senior directors, and directors of the organizational area of the Office of Human Resources.
  • All directors, associate directors, and all head coaches in the Athletic Association.
  •  The director of Stamps Health Services.
  • All advisors to student clubs and organizations.
• Examples of individuals who DO NOT meet the criteria for being a CSA include a faculty member who does not have any responsibility for student and campus activity beyond the classroom, clerical staff, custodians and maintenance personnel, and dining facility staff. A pastoral or professional counselor on campus does not have significant responsibility for student and campus activity and are exempt from reporting crimes to the police.

Not necessarily. Although we strongly encourage victims of any crime to seek assistance from law enforcement whenever possible, a report from a CSA will not necessarily result in a police investigation. There are many reasons why a report might not result in a law enforcement action. For example, in many cases the Police Department cannot initiate an investigation without victim assistance. As another example, if a report is about an incident that occurred outside of the Georgia Tech Police Department’s jurisdiction, the matter would be referred the matter to the authority having jurisdiction.

• The Clery Act requires that schools provide statistics for the following categories of arrests or, if an arrest was not made, referrals for campus disciplinary action:
  • Liquor Law Violations
  • Drug Law Violations
  • Illegal Weapons Possession
• The Clery Act requires that, if a person is both arrested and referred for disciplinary action for the same violation, only the arrest should be reported. Citations, criminal summonses, and notices to appear are also considered to be “arrests.” According to federal offense definitions, neither driving under the influence nor drunkenness is considered a “liquor law violation.”

• On Campus: (I) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and (II) property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institution purposes.
  • On campus includes (1) all property of the Georgia Tech, and other campus buildings); (2) all Institute owned or controlled property reasonably contiguous to central campus that is used in direct support of, or related to, its educational purposes. The Clery Act requires crime statistics for residence halls to be included in the “on campus” statistics. Because of this, statistics for housing are reported as a sub-set of the “On Campus” crimes.
• Non-campus building or property: (I) any building or property owned or controlled by a student organization recognized by the institution; and (II) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
• Public property: all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.
  • The crime statistics in this report for public property include the Georgia Tech Police Department and local law enforcement agencies’ statistics for public property on the campus as well as public property surrounding the campus. In addition to statistics on crimes occurring in the listed locations above, the statute also requires statistics on arrests for liquor law violations, drug-related violations, and weapons possession. It also requires statistics on persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession.

No. Crimes are counted when they are reported regardless of prosecution.