Clery Act--Does it include reports of crime that occur off-campus to university members?

Question

The Clery act states that universities in the US are required to collect

(F) Statistics concerning the occurrence on campus, in or on noncampus buildings or property, and on public property during the most recent calendar year, and during the 2 preceding calendar years for which data are available— (i) of the following criminal offenses reported to campus security authorities or local police agencies: [List of offenses, e.g. murder, manslaughter...]

It says "noncampus" which I would normally assume would include off-campus, say off-campus housing. But then the definition of noncampus seems to say otherwise:

(iii) The term “noncampus building or property” means— (I) any building or property owned or controlled by a student organization recognized by the institution; and (II) any building or property (other than a branch campus) 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.

This definition seems to not include off-campus housing, (e.g. a student experiencing a burglary in an apartment that they rent from an independent landlord).

Does the Clery act require US universities required to collect statistics on crime in off-campus housing to university members?

Answer 1

Does the Clery act require US universities required to collect statistics on crime in off-campus housing to university members?

No.

(F)(iii)(I) refers primarily to fraternity and sorority houses, and to student run co-operative housing. It would also refer to, for example, a chapel or temple owned and operated by a religious student organization away from the main campus or a branch campus. What isn't captured by (F)(iii)(I) is captured by (G).

(F)(iii)(II) refers to buildings such as the Northwestern University dormitory in downtown Chicago, the Colby College dormitory in downtown Waterville, the University of Colorado at Denver classroom building in downtown Denver about two miles from the main Auraria campus, and the University of Denver observatory telescope building which is about a mile from their main Denver campus. Until the football stadium was relocated in the last year or two, this would have included the Colorado State University football stadium which was several miles from its main campus.

Answer 2

The law is about criminal activities on property that the institution has some degree of control over, and is not defined in terms of the status of the accused or the victim as student or employee. Thus a visitor-on-visitor crime in a classroom would be reported even though no university-related people are involved. The law does not require the tracking of all criminal activities involving students or employees (thus does not require tracking of private home break-ins of university employees).

"Campus", "noncampus building or property" and "public property" are given special definitions in order to limit the law to property that the university might reasonably exert some control over, including fraternities and sororities, which are physically off-campus and owned by a private organization, but nevertheless subject to a degree of university control. To the extent that "off-campus housing to university members" refers to "any building or property owned or controlled by a student organization recognized by the institution", such crimes must be recorded. So if a campus-recognized student religious organization owns off-campus property, crimes committed on such property have to be recorded (if reported to police / campus security).