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Texas A&M University-Texarkana Clery Act/C.S.A. Presentation

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  1. Texas A&M University-Texarkana Clery Act/C.S.A. Presentation

  2. University Police Department Assistant Vice President of Student Affairs

  3. 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 otherviolent crimes at Lehigh. Jeanne Clery November 23, 1966 April 5, 1986

  4. What is the Purpose of the Clery Act? To provide the campus community with accurate, complete, and timely information about crime and the safety of the campus environment so that they can make informed decisions to keep themselves safe.

  5. What does Clery require?? • Institutions must collect, classify, count and report crime and fire statistics • Issue campus alerts. To provide the campus community with information necessary to make informed decisions about their health and safety • Issue a timely warning for any Clery Act crime thatrepresents an ongoing threat to the safety of students oremployees; (May give Crime Alerts to non-Clery crimes). • Issue an emergency notification upon the confirmation ofsignificant emergency or dangerous situation involving animmediate threat to the health or safety of students oremployees occurring on the campus.

  6. What does Clery require cont.?? • 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. If your institution has any on-campus student housing facilities, you must disclose missing student notification procedures that pertain to students residing in those facilities and disclose fire safety information and statistics and maintain a fire log related to those facilities. • If your institution maintains a campus police or security department, you must create, maintain and make available a crime log of crimes or alleged criminal incidents that is open to public inspection

  7. What does Clery require cont.?? • Have established policies and procedures to ensure safety. • Submit statistics to the Department of Education.

  8. Consequences if you are 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 Education. • Department of Education can issue civil fines up to $35,000 per violation. • It has been proposed that the fine will be changed to $125,000 per violation. • Final Review Determination Reports are public record. • The institution will receive negative media attention. • Failure to comply with the Clery Act can be used in court to demonstrate an indifference to security issues during a security liability litigation.

  9. Campus Security Authorities The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. Athletic directors, coaches and assistant coaches James Madison University Police Student Unions Disability Services Judicial AffairsOffice of Residence Life Parking Services Office of Equal Opportunity Band Director Orientation Fraternity/Sorority Life Safe Rides Vice Presidents, Associate Vice Presidents Assistant Vice Presidents, Deans, Directors and Department Heads University Recreation (team sports and recognized clubs) UPB Advisors to student organizations Dean of Students 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.

  10. Am I a 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. • “Officials with significant responsibility for students and campusactivities”. “Official” is defined as any person who has the authorityand duty to take action and respond to particular issues on behalf ofthe institution.

  11. 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)

  12. 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.

  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 StaffClerical Secretaries Receptionists Facilities Staff Plumbers Electricians Food Service Workers Cashiers Cooks

  14. 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.

  15. Crime Categories What needs to be reported

  16. UCR Part I Criminal Offenses • Criminal homicide – murder/non-negligent manslaughter, negligent manslaughter • Sex offenses - rape, sodomy, sexual fondling and sexual assault with object- non-forcible – statutory rape and incest • Robbery • Aggravated assault • Burglary • Motor vehicle theft • Arson

  17. Definitions of UCR Part I 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 – Any sexual act (carnal knowledge of a person) 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 because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth). This offense includes the rape of both males and females. • Sex Offenserape; sodomy; sexual assault with an object; and forcible fondling • Sex Offense Non Forcible – Unlawful, non-forcible sexual intercourse to include 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.

  18. Definitions of UCR Part I Clery Reportable crimes cont. • 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 definitionincludes: 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.

  19. Hate Crimes A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, gender identity, sexual orientation, or ethnicity/national origin. Crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias

  20. Hate Crime Offenses Group B Larceny-theft Simple assault Intimidation Destruction/damage/ vandalism Group A Murder and Non-negligent manslaughter Sex offenses Non-forcible sex offenses Robbery Aggravated assault Burglary Motor vehicle theft Arson Stalking Domestic Violence Dating Violence 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. (Currently, this crime category only applies to hate crimes.)

  21. Violence Against women Act • VAWA incorporates provisions of an earlier bill, also known as the Campus SaVE Act, and codifies parts of an April 2011 Dear Colleague letter issued by the Office of Civil Rights at the Department of Education • Adds domestic violence, dating violence, and stalking incidents to Clery reportable crimes (to include incidents that may not rise to the level of a crime)

  22. The Campus Sexual Violence Elimination (SaVE) Act The Campus Sexual Violence Elimination (SaVE) Act represents a turning point in our nation’s handling of sexual misconduct on college campuses and universities. Introduced by U.S. Senator Bob Casey and House Representative Caroline Maloney, SaVE will complement the Title IX Guidance by the U.S. Department of Education’s Office for Civil Rights. The Campus SaVE Act seeks to address the violence women face on campus: the highest rates of stalking, the highest risk of nonfatal intimate partner violence, and 20-25% of female students experiencing rape or attempted rape. This legislation will update the Jeanne CleryAct to create: Transparency, Accountability, and Education

  23. 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 jurisdiction.(42 U.S.C. 13925(a))

  24. 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; and • 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 the relationship. • The frequency of interaction between the persons involved in the relationship.(42 U.S.C. 13925 (a))

  25. 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

  26. The Clery Geography by Definition Any building or property owned or controlled by an institution within the same reasonablycontiguous geographicarea and used by the institution in direct support theUniversities educational purposes. Public Property On Campus All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus. Non Campus building/Property Any 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 non-campus.

  27. Three Prong Test • Was it reported to a CSA? • Is it a Clery reportable crime? • Did the crime occur in a Clery reportable area? • Ask these questions when reviewing your report. If you think you have an incident that you believe may be Clery reportable, ASK!

  28. Your job is toGet the facts • Questions to ask sex offenses: • Was crime committed forcibly against victim’s will? • Did the assailant use or threaten force? A weapon? • Was victim incapable of giving consent because of temporary/permanent mental/physical incapacity or underage? • Did assailant penetrate the victim’s body? • Did the victim know the assailant? • Was assault facilitated by giving drugs/alcohol? Details! Details! Details

  29. 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? • What was taken or attempted to be taken ? • What was its value? 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?

  30. Questions to ask if motor vehicle theft: • What kind of vehicle? • Where was it taken from? • When was it taken? • Has it been recovered? • Does the person know who did it? “Joyriding” is a motor vehicle theft if vehicle is taken by a person without lawful access Questions to ask if arson: • What was burned or attempted to be burned? • Was property damaged? How much? • Was anyone hurt? • When did it happen? When was it discovered? • Was there graffiti or other evidence of hate motivation?

  31. 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, gender identity, ethnicity/national origin, 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.

  32. Daily Crime Log What is it? Where is it? What do I have to do with it?

  33. What is it? A Federally mandated crime log that is made specifically for the public. Texas A&M University-Texarkana Police Department assigns a case number for all reportable activities, both criminal and non-criminal. Only case numbers generated for criminal activity are listed in the crime log. Crimes are in chronological order. The most recent crimes are at the bottom of the list.  The date and time is when the crime was reported to university police.

  34. Where is it? • The DCL must be provided at any institution where they maintain a police department or security department. • The DCL is available at the following location: • Main Campus – Central Plant Building • University Police Department front window

  35. What does it have to do with me? • You may be asked to provide a copy of the DLC so here are a couple of simple Do’s and Don'ts: • Do: • DO Upon request – find and provide a copy of the current DCL • DO If you cannot find a copy – contact the U.P.D. to assist • Do not: • DO NOT Tell them to go find it themselves, direct them to the appropriate location to get a copy (U.P.D.) • DO NOT Ask who they are • DO NOT Ask why they want a copy

  36. Questions???