The Clery Act Webinar: October 1, 2008 11:00AM Pacific Time

1. 1 The Clery Act Webinar: October 1, 2008 11:00AM Pacific Time

2. 2 Webinar Agenda I. Welcome and Introductions II. Overview of the Clery Act III. Campus Security Authority (�CSA�) Definition Responsibilities IV. Reporting Requirements V. 2008 Clery Act Amendments VI. California State Auditor, Identified Best Practices VII. In Depth Question and Answer Session Reporting Requirements and Issues

3. 3 The Jeanne Clery Campus Security Policy & Crime Statistics Disclosure Act Information for UC Clery Coordinators, Police Departments and Campus Security Authorities 2008-2009 (using UC Davis as reference point)

4. 4 Overview of the Clery Act What is the Clery Act? Jeanne Clery was raped and murdered in her room at Lehigh University in 1986. The law enacted in her memory is to ensure that students and others are informed about violent campus crimes so they can make informed decisions The Clery Act requires that universities report crime statistics and provide statements of security policies to current and prospective students and employees

5. 5 Overview of the Clery Act Why the Concern about Crime Reports? Many crimes, especially sexual assaults, are not reported to police The Clery Act requires that we gather and publish crime data from multiple sources (including Campus Security Authorities) to ensure that students and others know about dangers on campus The following slides explain these requirements and your role as Security Authorities

6. 6 Campus Security Authority How is a campus official designated as a Campus Security Authority (CSA)? The law broadly interprets �significant responsibility for student and campus activities� to ensure thorough reporting of crimes. Over 900 UCD staff/faculty are identified as CSAs. Examples given in the law: Deans, student housing staff, athletic coaches, student activities coordinators, student judicial officers, student advisors and faculty advisors to student organizations Defined by function, not title: Significant responsibility for student AND campus activities Contact with students

7. 7 Who Isn�t a CSA? The following are not Campus Security Authorities: Administrative staff not responsible for students (e.g., payroll, facilities) Clerical staff Individual faculty who do NOT serve as advisors to registered student organizations Doctors in the Student Health Center, or Counselors in the Counseling Center, who only provide care to individual students.

8. 8 Confidential Resources and Reporting Confidential Resources: Licensed professional mental health and pastoral counselors are exempt from Clery requirements; UC Davis encourages such counselors to tell victims about the Confidential Reporting Process if, in their judgment, it is appropriate to discuss crime reporting with this client Confidential Reporting Process: Victims have the option of reporting crimes confidentially (no names or criminal investigation) to the Campus Violence Prevention Program (CVPP) 752-3299, to be included in crime statistics Tying confidential reporting directly to support services makes it easier for victims to report crimes and to receive assistance

9. 9 What Are a CSA�s Responsibilities? If someone tells you about a crime or an incident that may be a crime, record the information and submit a report Just get the facts, experts will do the analysis Use the on-line web-based report form or the �Campus Security Authority Crime Report Form� available at http://police.ucdavis.edu/clery/index.htm When in doubt, report it!

10. 10 What Are a CSA�s Responsibilities? continued Be sure to document When the crime or incident occurred and When it was reported to you A crime must 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

11. 11 What Must We Report? Criminal homicide (murder and manslaughter) Sex offenses, forcible & non-forcible Aggravated assault Robbery Burglary Motor vehicle theft Arson Hate crimes, including any of the above crimes, or any other crime causing bodily injury, if motivated by hate Also must report arrests and discipline referrals of students, staff, and faculty) for liquor, drug, and weapons

12. 12 Report Crimes by Location A crime must be reported if it occurred On campus or on UCDMC property (includes streets, grounds & parking lots within campus/UCDMC boundaries) In on-campus student residences (even if privately owned/operated) On public property adjacent to campus & adjacent to UCDMC (streets, sidewalks, parking lots, parks) On certain off-campus property.

13. 13 Off-Campus Locations Under the law, some off-campus locations are deemed so closely related to the University that crimes at such locations are included in campus crime statistics. These properties are termed �non-campus property,� defined by law to include: Property owned or controlled by UC Davis (e.g. Bodega Bay lab, natural reserves, agricultural research stations, 3rd & A Building, medical offices affiliated with UCDMC) Property owned or controlled by a student organization registered with UC Davis (e.g. a fraternity) Examples: Crimes at a sorority house or at off-campus UCD property that is �frequently used by students� must be reported

14. 14 Gathering Statistics from Off-Campus Contact City of Davis police to request crime data for specified locations owned or controlled by UC Davis; for property controlled by registered student organizations; and for public property adjacent to UC Davis Download data pertaining to specified addresses from City of Sacramento crime statistics website, including data from public property adjacent to UCDMC Identify addresses of property owned, leased, or controlled by UC Davis elsewhere in the state, determine law enforcement agency having jurisdiction, and send letters to law enforcement agencies requesting statistics.

15. 15 Omit crimes unrelated to UC Davis For example, don�t report the crime as a statistic if A student reports an assault that happened while she was away from campus and not involved in a campus activity � e.g., home for spring break, on vacation, in an off-campus apartment, or at a summer job with a private company. But DO tell the student about reporting options, and give referrals for help � A student says she was raped by another student at an off-campus apartment. While the crime is not counted under Clery, encourage her to report the rape to the police and/or Student Judicial Affairs (students can be disciplined for off-campus conduct). The victim is also eligible for campus assistance and resources from CVPP and Counseling services.

16. 16 Get the Facts and Fill Out a Report Police will categorize the report: your job is to get the information the person is willing to tell you. Remember: You are not a detective, and don�t need to find the perpetrator Get as much of a description of what happened as you can -- Even incomplete information can help Fill out and submit the on-line form promptly Don�t submit a form if the crime has already been reported to the police You don�t need to make a judgment bout what happened just describe the incident and mark the crime that seems most likely or possible--the experts classify the crimes answering the questions on the form will help to determine the correct crime category You�re not the expert, and you don�t have to be

17. 17 Describe Options Don�t identify the victim UNLESS she/he gives permission Let the person know about options for reporting to the police, but she/he may not want to talk to police � and doesn�t have to If the accused is a student, let the victim know that the matter can be reported to Student Judicial Affairs for disciplinary action Inform her/him about the Confidential Reporting process available through Campus Violence Prevention If the person doesn�t want to report to police, inform her/him that you are required to report the incident as an anonymous statistic, but will not identify anyone

18. 18 Offer referrals to Resources Campus victims� assistance programs for sexual assault and other crimes (CVPP) Available medical treatment Counseling services for students and staff Information packets are available from UC Davis Police and the Campus Violence Prevention Program (CVPP) and on the CVPP website http://cvpp.ucdavis.edu/

19. 19 Filling out the form: the crimes Must report any of the following crimes that occur at any of the covered locations: Criminal Homicide: murder, non-negligent manslaughter, and negligent manslaughter (including vehicular manslaughter) Aggravated Assault: unlawful attack upon another with intent to inflict severe injury, using a weapon or means likely to produce death or great bodily harm

20. 20 Filling out the form: the crimes Sex offenses, forcible and non-forcible Forcible sex offenses: rape, sodomy, sexual fondling, sexual assault with object Non-forcible: statutory rape and incest Questions re: sex offenses: Was crime committed forcibly/against victim�s will? Was victim incapable of giving consent because of temporary or permanent mental/physical incapacity, or because underage? Was the assault facilitated by giving drugs/alcohol?

21. 21 Filling out the form: the crimes Robbery: taking/attempting to take something by force, violence, threat, or by putting victim in fear Questions re: robbery Was force or a weapon used or threatened? Was victim injured? Did victim feel fearful, threatened or in danger? Motor vehicle theft: theft of automobiles, trucks, etc., including �joyriding� (taking by person without lawful access)

22. 22 Filling out the form: the crimes Burglary: unlawful entry into a structure to commit a felony or theft Questions re: Burglary Was item taken from inside dorm room, office, store, lab, or other structure? Was structure, room, store, or office open, closed, or locked? How did thief get into the structure/ room etc.? Arson: willful or malicious burning/attempt to burn structure, vehicle, or personal property of another

23. 23 Filling out the form: the crimes Hate crimes: any of the above crimes, or any other crime causing bodily injury (e.g. simple assault) where there is evidence both of hate motivation and that the victim was selected because of actual or perceived race, gender, religion, national origin, disability, or sexual orientation Hate crimes to property, questions: 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? Report ANY vandalism to property of a religious, ethnic, gay or lesbian organization as a hate crime

24. 24 Filling out the form: the crimes Liquor, drug, and weapon law violations: Police report statistics on arrests for liquor, drug, and weapons-related crimes Student housing, student judicial affairs, academic personnel and human resources report statistics on disciplinary referrals for drug, liquor, and weapon law violations (except when the student or employee was also arrested for the same act) Statistics must reflect number of persons involved (head count), not just the number of incidents

25. 25 2008 Amendments to Clery Act Campuses must have procedures to: "(i) immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus ... unless issuing a notification will compromise efforts to contain the emergency. "(ii) publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and "(iii) test emergency response and evacuation procedures on an annual basis."

26. 26 2008 Amendments to Clery Act The definition of hate crimes which must be reported has been expanded to include: The crimes listed above, plus Larceny, theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and other crimes involving bodily injury to any person As noted previously, a hate crime is one in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim

27. 27 Timely Warnings The UC Davis Police Department promptly publicizes incidents of criminal activity that pose a potential threat to the campus/UCDMC through Campus Crime Alert Bulletins transmitted to faculty, staff, and students by email or appropriate emergency communications; to campus departments by e-mail and/or fax; and issued to media, posted on campus bulletin boards, on the web at http://police.ucdavis.edu/SUBPAGE/AlertBulletins1.htm

28. 28 Reporting Emergencies and Crimes All crimes occurring on campus or at UCDMC should be reported immediately to the UC Davis Police to ensure an appropriate response The UC Davis Police Department has primary jurisdiction over the University of California, Davis, campus and the UC Davis Medical Center in Sacramento The University strongly encourages victims to report immediately all incidents and /or any suspicious activity to the UC Davis Police any time of the day or night

29. 29 Reporting Emergencies and Crimes continued Crimes occurring off-campus should be reported immediately to the law enforcement agency having jurisdiction Promptly reporting suspicious activities can avert crimes and lead to the apprehension of suspects. If someone's behavior or the situation is disturbing, threatening, or causing a disruption, call the UC Davis Police Department Dispatch at 530-752-1230 -- the police will assess the situation and take necessary and appropriate action

30. 30 Annual UC Davis Clery Act Report All employees and students are emailed notices that the campus Clery Act report is available each year by October 1. How many recall receiving a notice? The Report contains crime statistics for the three previous calendar years. The 2008 UC Davis report, containing statistics for 2005, 2006, and 2007, is available on-line at http://police.ucdavis.edu/clery/currentCleryStatistics.htm detailed descriptions of security-related campus policies. UC Davis security policies are available at http://police.ucdavis.edu/clery/CleryCompliance.htm

31. 31 Crime Statistics, Enforcement and Compliance UC Davis receives high numbers of crime reports because victims may make confidential reports directly to Campus Violence Prevention, so that victims receive assistance and data is more accurate (in 2007, 57 of 69 reported forcible sexual assaults were reported to CVPP) Both federal and California state law provide for investigations and audits of campus compliance with Clery Act requirements UC Davis has been audited by the federal Department of Education and the California Bureau of State Audit Neither audit found �under-reporting� of crimes by UC Davis. Instead, the BSA found that UC Davis had substantially over-reported crimes in certain categories

32. 32 California State Auditor, Bureau of State Audits: Clery Act Audit The California Education Code requires the State Auditor to conduct an audit every three years of the collection and reporting of crime statistics at post secondary education institutions that receive federal student aid. The auditor reports its findings to the State Legislature. The last audit was conducted during 2006 and released in January 2007. Six institutions were audited, including two UC campuses (UCB and UCLA). Several identified best practices were set forth in the published Report.

33. 33 State Auditor Identified Best Practice Issue: Not all crimes, as defined by California law, can be directly converted to reportable crimes as defined by the FBI�s Uniform Crime Reporting Handbook. Best Practice: One campus implemented a process in its crime-tracking system to notify staff when a crime is entered into the system that cannot be directly converted to a crime reportable under the Clery Act so that further review of the case circumstances can be performed. For example: depending on the circumstances of a case, certain crimes defined under California law as battery may fit under the FBI�s Uniform Crime Reporting Handbook (UCR) , which defines reportable crimes under the Clery Act, could fit under the definition of UCR�s definition of aggravated assault, or simple assault.. This is important because a simple assault is not a reportable crime under the Clery Act. For example: depending on the circumstances of a case, certain crimes defined under California law as battery may fit under the FBI�s Uniform Crime Reporting Handbook (UCR) , which defines reportable crimes under the Clery Act, could fit under the definition of UCR�s definition of aggravated assault, or simple assault.. This is important because a simple assault is not a reportable crime under the Clery Act.

34. 34 State Auditor Identified Best Practice Issue: The auditor found that a lack of internal controls in the electronic systems used to track crimes led some campuses to incorrectly report their crime statistics. Best Practice: One campus performs monthly internal validation checks of its data and annually selects random records from its electronic system to ensure that the system data matches the documented crime reports. Note: The auditors found instances at UCLA the type of crime was not entered into its crime tracking system for Clery Act reportable crimes and UCLA subsequently assumed they were not criminal incidents and thus did not report the incidences. In its 1 year follow-up report the auditor noted that according to UCLA it has taken corrective action and now takes steps to label all incident reports regardless of whether a crime has occurred. Additionally, UCLA has taken steps to ensure that dates associated with crimes is the date the crime was reported and the campus now conducts daily reviews and monthly audits. Note: The auditors found instances at UCLA the type of crime was not entered into its crime tracking system for Clery Act reportable crimes and UCLA subsequently assumed they were not criminal incidents and thus did not report the incidences. In its 1 year follow-up report the auditor noted that according to UCLA it has taken corrective action and now takes steps to label all incident reports regardless of whether a crime has occurred. Additionally, UCLA has taken steps to ensure that dates associated with crimes is the date the crime was reported and the campus now conducts daily reviews and monthly audits.

35. 35 State Auditor Identified Best Practice Issue: The Clery Act requires institutions to collect crime statistics from all campus security authorities and to ensure that campus security authorities properly report crime statistics. Thus, it is important that campus Clery coordinators obtain confirmation on the number of reportable crimes from the security authorities. Best Practice: The auditor noted that two UC campuses have procedures in place to ensure they collect responses from all campus security authorities whether or not they have crimes to report. For example, at one campus the Clery coordinator contacts campus security authorities repeatedly and follows-up with phone calls to ensure reports are submitted that detail crimes or state they have no crimes to report.

36. 36 State Auditor Identified Best Practice Issue: The CA Education Code suggests that institutions establish and publicize a policy that allows victims or witnesses to report crimes to the institutions� police agencies or specified campus security authorities on a voluntary, confidential or anonymous basis. Federal regulations require institutions offering such reporting to disclose its availability in their annual reports. Best Practice: One UC campus created a website called CalTIP to enable individuals to report crimes anonymously. The web site is described in their annual report.

37. 37 State Auditor Identified Best Practice Issue: The Department of Education handbook states that an institution must alert the campus community of reportable crimes considered an ongoing threat to students and employees in a manner that is timely and will aid in the prevention of similar crimes. Best Practice: One UC campus has a process to determine if a timely warning is necessary. If it determines that a timely warning is required, a clearly written policy guides staff at the campus police department in generating and issuing a timely warning within 12 to 24 hours after the initial incident.

38. 38 State Auditor Identified Best Practice Issue: Federal regulations require institutions to distribute their annual reports to all enrolled students and current employees by October 1 of each year through appropriate publications or mailings. Best Practice: One campus uses multiple methods to ensure that students and employees are aware of the availability of the annual report; it provides a copy to each dorm room, and sends email and postcard notices to students and staff.

39. 39 Question and Answer Session