Clery Act Compliance

1. Clery Act Compliance Lisa Carickhoff

2. What is the Clery Act? Why do we have it? Jeanne Clery was raped and murdered in her dorm room at Lehigh University in 1986. Her parents believe she would have been more cautious if she had known about 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. The Clery Act requires that universities distribute crime statistics to current students and all campus employees. Crime statistics must be made available to all perspective students and staff upon request.

3. What does Clery require?? • Institutions must collect, classify and count crime reports and crime 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 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.

4. Publish an annual security 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 . • Create, maintain and make available a daily crime log. • Have established policies and procedures to ensure safety. • Submit crime statistics to the Department of Education

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 ." 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 and forward it to the JMU Police Department.

6. Campus Security Authorities • The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. • The Clery Act requires all institutions to collect crime reports from campus security authorities.

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.

8. 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

9. 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.

10. Officials of the institution with significant responsibility for student and campus activities • 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 Affairs • Dean 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 LearningDisability ServicesOrientation

11. Officials of the institution with significant responsibility for student and campus activities also include • Athletic directors, coaches and assistant coaches • Coordinator of Greek Affairs • Marching Band DirectorHuman Resources Director • Military Science “Cadre” • Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to students • Office of Equal OpportunityAdministrators who oversee branch campuses and the Washington Semester Coordinator

12. 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 Staff Clerical Secretaries Receptionists Facilities Staff Plumbers Electricians Food Service Workers Cashiers Cooks

13. Who is NOT a Campus Security Authority? • You 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) ANDYou are working within the scope of your license or religious assignment. • Those who are exempt by law also include: Student Health Center Clinicians who only provide care to individual students.

14. 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 website Silent Witness http://www.jmu.edu/pubsafety/SilentWitness.shtml to be included in crime statistics. However, enough information has to be given to determine a crime has occurred.

15. 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.

16. 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.

17. Three Part Test • Was the crime reported to a Campus Security Authority? Police? Judicial Affairs? Residence Life? • Did the crime occur in a Clery reportable geographic area? • Is the crime a Clery reportable crime?

18. What crimes must I report? • The 9 Clery crimes • Criminal homicide • Sex offenses—forcible & non-forcible • Robbery • Aggravated assault • Burglary

19. What crimes must I report? • Motor vehicle theft • Arson • Arrests & disciplinary referrals for violations of liquor, drug, & weapons laws • Hate crimes

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

21. 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.) • 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. .

22. 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. • 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.) • Vandalism - 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.)

23. 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). • 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. • Additional regulatory offenses agencies must be included; 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.

24. 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. • Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action.

25. Timing is critical • Be sure to document • When the crime or incident occurred and • When it was reported to you • The law requires that the crime be reportedfor 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.

26. Where did it happen? A crime must be reported if it occurred On campus (see Map ) On campus, in residence halls On public property adjacent to campus (see map) 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

27. Not reportable • DO NOT REPORT CRIMES IF • A person tells you about a crime that occurred before he/she came to JMU ORWhile he/she was away from campus and not involved in a JMU activity—e.g., at home or on spring break

28. Just get the facts • 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

29. Just get 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; for example child abuse

30. Get the facts • The Clery Incident Report Form • “Description of the incident or crime” • Get as accurate and complete a description of what happened as you can • Who, What, When, Where and How • If not sure, report

31. Offer help • Provide the person with information on • Reporting to campus police • Campus programs for assisting victims of sexual and /or other forms of assault. • Procedures for seeking medical help • Counseling and Psychological Services

32. Remember get the facts • Who? Where? When? How? In as much detail as possible, even incomplete information can help. • Is a violent situation in progress? • Is there imminent danger to the victim or others? • Is it an emergency or crime in progress? • Contact Law Enforcement Immediately540-568-6911 or540-442-6911

33. How to report If someone tells you about an incident which may be a crime, record the information on the crime statistic form and submit it to JMU Police Department Clery Compliance Officer unless the incident has been reported directly to the JMU Police , the Office of Judicial Affairs or Office of Residence Life which forwards all crime statistics for Clery compliance to the JMU Police The form for submittal can be found at http://www.jmu.edu/pubsafety/wm_library/Crime_StatisticFormFinal2011.pdf

34. Filling out the form • 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

35. 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 deskEx. An RA is told by a female student that she was forcibly raped by an unidentified male while jogging along a campus trail 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.

36. 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…

37. 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 officers must 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.

38. 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 $27,000 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.

39. Help is at hand... • Clery Compliance Officer:Lisa Carickhoff caricklt@jmu.eduTelephone 540-568-6769Fax 540-568-3308