These articles are part of the ModelCampus: Title IX Action Guide.
The tag(s) at the bottom of each article show in which section(s) they are published.

Outline Statistical Reporting Requirements and Confidentiality

Colleges and universities are required to maintain a good faith effort to collect and report statistics for IPV and stalking occurring on-campus, on public property within and adjacent to campus, and at non-campus properties like off-campus student organization housing and remote classrooms. Institutions were already required to report sexual violence statistics (forcible and non-forcible sex offenses, i.e. incest and statutory rape), as defined by the Violence Against Women Act.

Institutions must collect statistics from a broad range of campus officials, identified as Campus Security Authorities (CSA). The Clery Act defines a CSA as:

  • A campus police department or a campus security department of an institution.
  • Any individual or individuals who have 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.
  • 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.
  • 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. If such an official is a pastoral or professional counselor as defined below, the official is not considered a CSA when acting as a pastoral or professional counselor.

A Note on the Reporting Responsibilities of Pastoral and Professional Counselors - from Questions and Answers on Title IX and Sexual Violence:

“The exemption from reporting obligations for pastoral and professional counselors under Title IX is consistent with the Clery Act. For additional information on reporting obligations under the Clery Act, see Office of Postsecondary Education, Handbook for Campus Safety and Security Reporting (2011), available at http://www2.ed.gov/admins/lead/safety/handbook.pdf.

Similar to the Clery Act, for Title IX purposes, a pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. This definition applies even to professional counselors who are not employees of the school, but are under contract to provide counseling at the school. This includes individuals who are not yet licensed or certified as a counselor, but are acting in that role under the supervision of an individual who is licensed or certified. An example is a Ph.D. counselor-trainee acting under the supervision of a professional counselor at the school.

Postsecondary institutions should be aware that an individual who is counseling students, but who does not meet the Clery Act definition of a pastoral or professional counselor, is not exempt from being a campus security authority if he or she otherwise has significant responsibility for student and campus activities.”

Examples of individuals who meet the criteria  for CSA are:

  • A dean of students who oversees student housing, a student center, or student extracurricular activities.
  • A director of athletics, a team coach, or a faculty advisor to a student group.
  • A student resident advisor or assistant or a student who monitors access to dormitories.
  • A coordinator of Greek affairs.
  • A physician in a campus health center
  • A counselor in a campus counseling center or a victim/survivor advocate or sexual violence response team in a campus rape crisis center.

If these individuals are not identified as people to whom crimes should be reported or do not have significant responsibility for student and campus activities, they would not be considered CSAs. They would only qualify as a CSA if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities.

Examples of individuals who would not meet the criteria for being CSAs include:

  • A faculty member who does not have any responsibility for student and campus activity beyond the classroom.
  • Clerical or cafeteria staff.

In addition, the law does not limit an institution from more broadly identifying who are CSAs for each college/university in order to obtain a more comprehensive representation of crime on campus. The law requires shielding personally identifying information of victims/survivors in order to protect the confidentiality of victims/survivors in these statistical disclosures. The law also requires shielding personally identifying information in record keeping (such as records stored in locked, non-moveable file cabinets) to the extent provided by law. (See details about confidentiality distinctions on page 27 of The NCCADV Guidance and Model Policy Documents.