Under the Clery Act, the university is required to collect and publish crime statistics on crimes occurring on campus, in residence halls, on public property immediately adjacent to campus, and on noncampus property.
Noncampus Property is defined in the Clery Act as: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
- For the purposes of noncampus property, the determining factor is an agreement, defined as a rental or lease document or other written form of agreement covering the university’s use of academic and/or residential space. The agreement need not be formal; something in writing agreeing to the utilization of space by the university suffices (whether a signed agreement, a hotel booking, or an email agreeing to the use of the space).
- Written agreements only apply for use of the physical space, not for programs. For example, if students are sent to an off-campus site for internships, externships, clinical training, or student teaching, then we would only count these areas as noncampus property if there is a written agreement for use of the physical space. If the agreement is for the program rather than for use of the physical space, UH does not have “control” over the space and do not have to report Clery Act crimes that occur at these locations.
- If there is an agreement between the university and the host, the Clery Act requirements only apply for the areas stipulated in the agreement as well as any common areas leading to those spaces (i.e., lobby area, hallways, elevators, stairwells, etc.)
- Clery requirements also apply when the university rents hotel rooms or hostel rooms for student use (see below for more information).
- Clery requirements only apply to the dates and times covered by the agreement. For example, if a property manager agrees to provide a block of rooms to our students for 8 weeks during the summer, statistics would only need to be collected for those locations during that time, not the entire year.
Non-Campus Property for Field Study/Research, Group Travel, & Athletics Trips
Overnight, School-Sponsored Trips
This includes any school-sponsored trip taken by an individual student, or group of students, for a class, an athletics competition, a club, or any other UHM student organization. Hotel stays and leased classroom space would qualify as noncampus property if the trip meets certain criteria:
- The trip involved one or more UH Mānoa students,
- The trip was overnight for one or more nights, and
- The overnight stay was organized by the university (i.e., UHM faculty/staff) by some type of written agreement (see definition for written agreement above).
Similar to other study abroad or field study, the university must disclose statistics for the ship or the areas controlled by the university (see definition of written agreement above) while the students are on board.
Other Field Study Locations
If the university owns or controls property overseas, or at a distance, that does not meet the definition of a separate campus, but that is frequently used by students, then crimes that occur there must be reported. Note that some crimes may be relevant based on Title IX requirements but may not initiate Clery requirements. Refer to the UH Mānoa Office of Title IX for study abroad and field study programs.
Day Trips & Field Trips
UH Mānoa is not required to keep track of locations for day trips, or include crime statistics for crimes that occur on field trips at locations that our institution does not control.
UH Mānoa is not required to keep track of locations for faculty/staff travel where UHM students are not present.
Students Educated Overseas Taught and Housed by a Third Party or Local Institution
If the agreement is with another institution or third party, you might not have Clery requirements. For example, if you have an agreement with a university to allow our students to enroll at their institution, but not to provide specific rooms, etc., the university does not have Clery requirements (Title IX requirements may apply, however).
Private Home Stays
- Host family situations do not normally qualify as noncampus locations unless the written agreement with the family gives the university some significant control over space in the family home
- Clery requirements do not apply if the arrangements are made by another institution or company for a home stay.
Side Trips During Study Abroad
- Side trips organized by the attending students or by host families which are not covered by an agreement by the university and are not officially organized by the university do not have Clery reporting requirements.
Is it Clery Reportable as Noncampus Property?