What type of agreement conveys control over a property for Clery Act purposes?

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For Clery Act purposes, the correct answer is that informal agreements such as emails can convey control over a property. The Clery Act defines "controlled property" as any property that an institution oversees, and this can include various forms of agreements beyond just formal contracts.

Informal agreements, such as emails, can indicate that a college or university has control of a property, especially if they dictate how the property is used or access to it. This means that even if there isn't a formal written contract, the institution can still be held responsible for reporting incidents that occur on that property in their campus crime statistics. Informal communications about the use or management of the property establish a level of control that the law recognizes.

In contrast, while written agreements are often the most definitive way to establish control and obligations, they are not the only means recognized by the Clery Act. Oral agreements made in meetings, though potentially significant, can be harder to establish and prove than written or even documented informal agreements like emails. Furthermore, simply owning property does not exempt an institution from Clery reporting if they do not exercise control over it or if that control is not formally recognized.

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