Are unfounded incidents required to be included in Clery Act statistics?

Unfounded incidents are not required to be included in Clery Act statistics because the Clery Act specifically instructs institutions to only count crimes that have been established as occurring. An incident is labeled unfounded if the investigation determines that the reported crime did not happen. This means that only those incidents that meet the criteria for a confirmed crime—as established by law enforcement—should be documented in the statistics reported under the Clery Act.

In contrast, reported incidents that are deemed unfounded indicate they did not occur, which is why they are excluded from the required statistics. Institutions must still document the existence of these unfounded reports for record-keeping and transparency purposes, but they do not contribute to the Clery statistics. This regulation ensures that the statistics reflect real incidents, helping maintain the accuracy and integrity of the data reported to the public.