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Clery Act Compliance

James Madison university. Clery Act Compliance. Lisa Carickhoff. What is the Clery Act? Why do we have it?.

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Clery Act Compliance

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  1. James Madison university Clery Act Compliance Lisa Carickhoff February 2013

  2. What is the Clery Act? Why do we have it? Jeanne Clery was raped and murdered while asleep in her dorm room at Lehigh University in 1986. She was murdered by another student who had entered her dorm through three propped doors. Her parents discovered that there had been numerous reports of propped doors and there had been 38 violent crimes in the three years prior to her murder at Lehigh and they believed she would have been more cautious if she had known about the other violent crimes at Lehigh. The law enacted in her memory is intended to ensure that students and other campus community members are informed about campus crime so they can make informed decisions. Jeanne Clery November 23, 1966 April 5, 1986 James Madison University

  3. What does Clery require?? • Institutions must collect, classify and count crime reports and crime statistics. • Provide emergency notification and evacuation procedures. • Issue a timely warning for any Clery Act crime that represents an ongoing threat to the safety of students or employees. (May give timely warning to non-Clery crimes) • Issue an emergency notification upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. James Madison University

  4. Issue campus alerts to provide the campus community with information necessary to make informed decisions about their health and safety. • Publish an annual security report and fire safety report(by Oct 1 of each year) containing safety and security-related policy statements and crime statistics and distribute it or advise where to locate it electronically to all current students and employees. Schools also must inform prospective students and employees about the availability of the report. • Provide missing student notification procedures. • Create, maintain and make available a crime log and fire log. • Have established policies and procedures to ensure safety. • Submit statistics to the Department of Education. James Madison University

  5. Although every institution wants its campus community to report criminal incidents to law enforcement, we know that this doesn’t always happen. Even at institutions with a police department on campus, a student who is the victim of a crime may be more inclined to report it to someone other than the campus police. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be "campus security authorities”. Data is collected from a wide variety of “Campus Security Authorities” to provide the most accurate crime statistics possible ."  James Madison University

  6. Campus Security Authorities The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. Dean of StudentsAthletic directors, coaches and assistant coaches James Madison University Police Student Unions Disability Services Judicial AffairsOffice of Residence Life Parking Services Office of Equal Opportunity Counseling and Student Development Band Director Orientation Fraternity/Sorority Life Vice Presidents, Deans, and Directors Advisors to student organizations Parking Military Science “Cadre” Title IX Coordinator Community Service Learning Human ResourcesCareer and Academic Planning Student Withdrawal The Clery Act requires all institutions to collect crime reports from campus security authorities. James Madison University

  7. What makes you a Campus Security Authority (CSA)? The law defines four categories of Campus Security Authority: • University Police • Non-police security staff responsible for monitoring university property, monitoring events, and providing escorts to include contract security and students. • People/offices designed under our policy as those to whom crimes should be reported. These include the Office of Judicial Affairs, the Dean of Students and the Ombudsperson. • “Officials with significant responsibility for students and campus activities”. “Official” is defined as any person who has the authority and duty to take action and respond to particular issues on behalf of the institution. James Madison University

  8. Who is a Campus Security Authority? Outside Police Agencies Campus Police Department Campus Security Authorities Officials with significant responsibility for student and campus activities Individuals/Departments who are designated to receive crime reports Non-Police Security Staff(individuals monitoring events) James Madison University

  9. Individuals with “Significant responsibility for Student and Campus Activities” Define by function, not title Because official responsibilities and job titles vary significantly on campuses, a list of specific titles is not provided in the regulations. To determine specifically which individuals or organizations are campus security authorities for your institution, consider the function of that individual or office. James Madison University

  10. The “function” of the employee on campus Individuals may be designated as Campus Security Authorities based on whether they perform the following functions: • Their official job responsibilities involve significant interaction with students and/or campus activities; • They serve as informal or unofficial mentors to students; • They serve as a member in an office or of a committee to whom students are instructed and informed to report or discuss crimes, allegations of crimes, and other troubling situations, and/or • They have oversight for disciplinary procedures. James Madison University

  11. Officials with significant responsibility.. Officials of the institution with significant responsibility for student and campus activities (Vice Presidents, Deans, Directors, etc.), including but not limited to the areas ofStudent AffairsDean of StudentsOmbudspersonCounseling and Student DevelopmentMulticultural Student ServicesUniversity Health Center and affiliates Judicial AffairsResidence Life (to include student resident advisors and hall directors)University UnionsUniversity Recreation (to include team sports and recognized clubs0Student WithdrawalCareer and Academic PlanningCommunity Service Learning James Madison University

  12. Officials with significant Responsibility.. Disability ServicesOrientationAthletic directors, coaches and assistant coachesCoordinator of Greek AffairsMarching Band DirectorHuman Resources DirectorMilitary Science “Cadre”Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to studentsOffice of Equal OpportunityTitle IX CoordinatorDirector of Parking and the manager of parking field operationsAdministrators who oversee branch campuses and the Washington Semester Coordinator James Madison University

  13. Who is NOT a Campus Security Authority? Faculty members who are not advisors of student groups, i.e. no responsibility for student or campus activities beyond the classroom.Support/Administrative Staff Clerical Secretaries Receptionists Facilities Staff Plumbers Electricians Food Service Workers Cashiers Cooks James Madison University

  14. Who is NOT a Campus Security Authority? You may have significant responsibility for Student and Campus Activities BUT... YOU DO NOT HAVE TO REPORT IF: You are a licensed mental health counselor or a pastoral counselor (employed by a religious organization to provide confidential counseling) AND…You are working within the scope of your license or religious assignment. Student Health Center Clinicians who only provide care to individual students. Counselors in the Counseling center who only provide care to individual students. James Madison University

  15. Confidential Reporting JMU encourages professional and pastoral counselors, although not required to report crimes, to tell victims about the Confidential Reporting Process. The counselor must make a judgment call- Is it appropriate to discuss crime reporting in this particular situation? Confidential Reporting Process: Victims can report crimes confidentially (no names or criminal investigation) to the anonymous websiteSilent Witness http://www.jmu.edu/pubsafety/SilentWitness.shtmFor this information to be included in crime statistics, however, enough information has to be given to determine a crime has occurred. James Madison University

  16. Campus Security Authority’s primary responsibility is… “To report allegations made in good faith to the reporting structure established by the institution.” In “good faith” means there is a reasonable basis for believing that the information is not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of the information. James Madison University

  17. A Campus Security Authority’s responsibilities If a campus security authority receives the crime information and believes it was provided in good faith, he or she should document it as a crime report. What you must disclose, therefore, are statistics from reports of alleged criminal incidents. It is not necessary for the crime to have been investigated by the police or campus security authority, nor must a finding of guilt or responsibility be made to disclose the statistic. When in doubt, report it. James Madison University

  18. Three Part Test • Is the crime a Clery reportable crime? • Did the crime occur in a Clery reportable geographic area? • Was the crime previously reported to aCampus Security Authority? Police? Judicial Affairs? Residence Life? James Madison University

  19. What crimes must I report? The 9 Clery crimes • Criminal homicide – murder/non-negligent manslaughter negligent manslaughter • Sex offenses - forcible – rape, sodomy, sexual fondling and sexual assault with object - non-forcible –statutory rape and incest • Robbery • Aggravated assault • Burglary • Motor vehicle theft • Arson • Hate crimes • Arrests & disciplinary referrals for violations of liquor, drug, & weapons laws James Madison University

  20. Definitions of Clery Reportable crimes • Murder and Non-negligent Manslaughter – The willful (non-negligent) killing of one human being by another. • Negligent Manslaughter – The killing of another person through gross negligence. • Sex Offense Forcible (F) – Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent: forcible rape; forcible sodomy; sexual assault with an object; and forcible fondling. • Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual intercourse: incest; statutory rape. • Robbery - - The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear James Madison University

  21. Aggravated Assault – An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary for an injury to result when a gun, knife or other weapon is used in the commission of the crime. • Burglary – The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. • Motor Vehicle Theft – The theft or attempted theft of a motor vehicle report (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding.) • Arson – Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. James Madison University

  22. Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race; religion; gender; sexual orientation; ethnicity or physical/mental disabilities. This includes murder and nonnegligent manslaughter, negligent manslaughter, forcible sex offenses, nonforcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, and also larceny-theft, simple assault, intimidation, and destruction/damage/vandalism. • Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (Currently, this crime category only applies to hate crimes.) • Larceny-Theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Currently, this crime category only applies to hate crimes.) • Destruction/Damage/Vandalism of property - To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. (Currently, this crime category only applies to hate crimes.) • Intimidation – To intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm. James Madison University

  23. Violence to Against Women Act New Changes Coming…. • Hate Crime categories have been expanded and now will include national origin and gender identity. • New added crimes are domestic violence, dating violence and stalking incidents James Madison University

  24. New Changes to be added:Dating Violence • Dating Violence – The term “dating violence” means violence committed by a person-who is or has been in a social relationship of a romantic or intimate nature with the victim; where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship. James Madison University

  25. New Changes to be Added crimes of Domestic Violence and Stalking • Domestic Violence -The term “domestic violence” includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. • Stalking – The term “stalking’ means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. James Madison University

  26. Arrests & disciplinary referrals for violations of liquor, drug, & weapons laws • Liquor Law Violation – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence. • Drug Law Violation – Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include; opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone(s); and dangerous non-narcotic drugs (barbiturates, Benzedrine). James Madison University

  27. Weapon Law Violation – The violation of laws or ordinances prohibiting the manufacturing, sale, purchase, transportation, possession, concealment, use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses regulatory in nature;manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing ,etc. silencers; furnishing deadly weapons to minors, aliens possessing deadly weapons; and attempts to commit any of the above. • Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action. James Madison University

  28. Where did it happen? A crime must be reported if it occurred: On campus (see Map ) On campus, in residence halls Public Property - on public property within or immediately adjacent to campus (see Map) Non-Campus - in or on non-campus property owned or controlled by the University or a recognized student organization Clery map can be found at http://www.jmu.edu/pubsafety/wm_library/Clery_Boundary-2011.pdf James Madison University

  29. The Clery Geography by Definition On CampusAny building or property owned or controlledby an institution within the same reasonably contiguous geographicarea and used by the institution in direct support theUniversities educational purposes. Non-Campus Buildings/PropertyAny building or property owned or controlled by a student organization that is officially recognized by the institution; any building or property owned or controlled by an institution that is used in direct support of intuitions educational purpose and frequently used by students which is off-campus. Public Property All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus. For ExampleFraternities Alpha Epsilon Pi 1343 South Main Street Alpha Tau Omega 24 South Ave. Delta Chi 485 South Mason Kappa Alpha 512 South Main Street Theta Chi 321 East Elizabeth Street Tau Kappa Epsilon 415 North Liberty Street Phi Gamma Delta 473 Mason Street Tau Kappa Epsilon 415 North Liberty StreetPi Kappa Phi 205 Newman Avenue VA Sigma Phi Epsilon 520 South Federal Street Sigma Chi 725 South Main Street VA Sigma Nu 660 Walnut Lane Campus Ministries Baptist Student Center 711 South Main Street Canterbury Episcopal Ministry 741 South Main Street Catholic Campus Ministries1052 South Main Street Lutheran-Presbyterian Campus 741 South Main Street Ministries Wesley Foundation690 South Mason Street Campus Crusade for Christ610 South Main Street WMRA Radio Station 983 Reservoir StreetJMU Farm House 8399 Alumnae Drive Port Republic VA JMU Farm Pavilion 8398 Alumnae Drive Port Republic VA For ExampleJMU Residence Halls, Administrative Buildings, parking lots on campus and other buildings on campus James Madison University

  30. To View Map In Greater Detail go to http://www.jmu.edu/pubsafety/wm_library/Clery_Boundary_20120911-11x17.pdf James Madison University

  31. Reportable???? Remember it must be a Clery crime on Clery geography. DO NOT REPORT CRIMES IF • Location is not connected to JMU for example: A person tells you about a crime that occurred before he/she came to JMU; OR While he/she was away from campus and not involved in a JMU activity—e.g., at home or on spring break; • In these cases…. Please provide the student with reporting options and/or referrals for help. James Madison University

  32. A crime is being reported to you What you need to do First and most importantly • Is a violent situation in progress? • Is there imminent danger to the victim or others? • Is it an emergency or crime in progress? • Is medical treatment needed for serious injury? • If so……... Contact JMU POLICE Immediately JMU POLICE 568-6911 If a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is defined as a Campus Security Authority, that individual should not wait until the end of the year to report that incident to the JMU Police Department. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat exists, the police department to discuss the matter further. James Madison University

  33. Then Just get the facts Record the information and submit a report. • Be sure to document… When the crime or incident occurred and when it was reported to you because the law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to police by a CSA. • Remember the police will categorize the report: your job is to get the information the person wants to tell you. • You are not a detective. • You don’t have to prove what happened or who was at fault. • You aren’t supposed to find the perpetrator. • You DON’T have to identify the victim. James Madison University

  34. Just the Facts • Encourage the person to report the crime to the police. (But don’t insist). • Tell the person how he/she can report anonymously Silent Witnesshttp://www.jmu.edu/pubsafety/SilentWitness.shtml • BUT: The decision isn’t yours • A person who talks to you may not want to talk to Police—and doesn’t have to. • *Exception: when the victim reports a crime to a professional who is mandated by law to report specific crimes. James Madison University

  35. Get the facts Fill out the Clery Incident Report Form Get as accurate and complete a description of what happened as you can.Who, What, When, Where and How • Questions to ask reference Forcible sex offenses: Was crime committed forcibly against victim’s will?Was victim incapable of giving consent because of temporary/permanent mental/physical incapacity or underage? Was assault facilitated by giving drugs/alcohol? Details! Details! Details! James Madison University

  36. Get the Facts • Questions to ask reference Non-Forcible sex offenses: Is the victim related to the suspect(s)? How old is the victim and how old is suspect(s)? • Questions to ask reference Aggravated Assault: Did the suspect(s) unlawfully attack the victim for the purpose of inflicting severe bodily injury? Was a weapon used? If so, what type of weapon? Was the victim injured? If so, describe the injury(s). James Madison University

  37. Get the Facts • Questions to ask reference robbery: Did suspect(s) take or attempt to take anything of value from the care, custody, or control of the victim? Did the suspect(s) take the property by force, threat of force or violence? Did victim feel fearful, threatened or endangered? • Questions to ask reference burglary: Was there evidence of unlawful entry (trespass)? Was there unlawful entry into a structure? Was there evidence that the unlawful entry was made with the intent to commit a felony or theft? Was item taken from inside residence hall, office, or other structure? Was the structure open, closed, or locked? How did the perpetrator get into the structure/room? James Madison University

  38. Get the Facts • Questions to ask reference a hate crime: Was the target personal property, a personal residence, house of worship, or ethnic organization? Did the incident involve any expression of hatred (e.g. graffiti, comments) re: race, gender, ethnicity, religion, sexual orientation or disability? Did any personal injury result from the incident? Report any vandalism to property of a religious, ethnic, gay or lesbian organization as a hate crime. James Madison University

  39. Offer help • Provide the person with information on: • Reporting to campus police or if the incident happened off campus the local police. • Campus programs for assisting victims of sexual and /or other forms of assault. • Procedures for seeking medical help. • Counseling and Psychological Services. James Madison University

  40. How to report Record the information on the crime statistic form which can be located at http://www.jmu.edu/pubsafety/wm_library/Crime_StatisticFormFinal2011.pdf Forward them to Officer Carickhoff Clery Compliance Officer 821 South Main Street MSC 6810 Harrisonburg, VA 22802or FAX to JMU Police Clery Compliance Officer at 540-568-7926or email to caricklt@jmu.edu • Do these allegations have to go through a hearing, or the individual be disciplined, before they are eligible for Clery Act reporting statistics? • NO!! Just as is with crime reporting, violations eligible for disciplinary actions only have to be reported to the CSA to be counted in the crime statistics report. The CSA must then report the statistic to the JMUPD James Madison University

  41. Examples of CSA’s Reporting Crimes • Ex. A coach is required to report a sexual assault that is reported to him/her… • Ex. A faculty advisor refers a student to Judicial Affairs regarding an alleged drug violation that he/she becomes aware of through a member of his/her student organization… • Ex. A person working as an access monitor is required to report a burglary that is reported to him/her while working the desk.. • Ex. An RA is told by a female student that she was forcibly raped by an unidentified male while jogging along a campus trail… James Madison University

  42. Examples of CSA’s Reporting Crimes • Ex. An assistant dean of students is required to report a suspicious fire that could potentially be classified as an arson… • Ex. The Director of Athletics is required to report a rape that was reported to him/her by the parent of a victim involving one of his/her athletes who may be the perpetrator… • Ex. An HD is told by a female student that her ex-boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol… James Madison University

  43. Liquor, drug, weapon law violations Police must keep statistics on the number of people arrested or cited for liquor, drug and weapon law violations. Student housing and student judicial affairs officersmust keep statistics on the number of people referred for disciplinary action for liquor, drug and weapon law violations. Statistics must reflect the total number of persons involved, not incidents. (head count) James Madison University

  44. Consequences if you are audited and found in non-compliance • A suspension or limiting of the institution’s Title IV funding • The institution’s name will be provided to Congress by the Secretary of ED • ED can issue civil fines up to $35,000 per violation • Final Review Determination Reports are public record • The institution will received negative media attentionand.. • Failure to comply with the Clery Act can be used in court to demonstrate an indifference to security issues during a premises security liability litigation. James Madison University

  45. Help is at hand... • Clery Compliance Officer:Lisa Carickhoff caricklt@jmu.eduTelephone 540-568-6769Fax 540-568-3308 • Resources for learning moreSecurity on Campuswww.securityoncampus.org/ • U.S. Department of Education2011 Handbook for Campus Safety andSecurity Reportinghttp://www2.ed.gov/admins/lead/safety/campus.html James Madison University

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