Clery Act Compliance Training

1. James Madison university Clery Act ComplianceTraining Lisa Carickhoff Clery Compliance Officer2014 r

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 otherviolent crimes at Lehigh. Jeanne Clery November 23, 1966 April 5, 1986 James Madison University

3. 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. James Madison University

4. What does Clery require?? • Institutions must collect, classify, count and report crime and fire statistics. • Issue campus alerts. To provide the campuscommunity with information necessaryto 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 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

5. 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. • Have established policies and procedures to ensure safety. • Submit statistics to the Department of Education. James Madison University

6. 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 Education. • Department of Education can issue civil fines up to $35,000 per violation. • Final Review Determination Reports are public record. • The institution will receive negative media attention and.. • Failure to comply with the Clery Act can be used in court to demonstrate an indifference to security issues during a security liability litigation. James Madison University

7. 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

8. 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 Ombudsperson 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. James Madison University

9. 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 authorityand duty to take action and respond to particular issues on behalf of the institution. James Madison University

10. 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

11. 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

12. 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

13. Officials with significantresponsibility.. Officials of the institution with significant responsibility for student and campus activities (Vice Presidents, Assistant Vice Presidents, Associate Vice Presidents, Deans, Directors, Department Heads), and individuals including but not limited to the areas ofCampus Law EnforcementContract Event SecurityOmbudspersonDean of StudentsStudent AffairsCounseling 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 clubs)Community Service Learning James Madison University

14. Officials with significant Responsibility.. Student WithdrawalCareer and Academic PlanningStaff providing safety escorts on campusDisability 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 operations and monitorsAdministrators who oversee branch campuses and the Washington Semester CoordinatorTrip AdvisorsSafe Rides James Madison University

15. 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

16. 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

17. 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 ProcessVictims can report crimes confidentially 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

18. 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

19. 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 and submit the to Clery Compliance Officer. Just get the facts, the police department will figure out what offense (if any) occurred. What is disclosed, 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

20. University Trips • Pursuant to the Clery Act, James Madison University is required to disclose certain reported crime statistics that occur during University sponsored / arranged domestic and international student trips. Community members (or designee) who are administratively responsible for domestic and international student trips are expected to report student trip information to the University Police for compliance. A link to the Trip Form and further information. James Madison University

21. What trips? • Not all student trips need be reported. For trips to be reportable, student trips must meet certain requirements. The University must have control over the trip or program accommodation and any related academic space used in conjunction with the trip. Control, as defined by the Clery Act, means that there is a written agreement (no matter how informal) directly between the University and the end provider for use of the space. • In addition, the controlled space must be used in direct support of, or in relation to, the institution’s educational purposes and frequented by students. Some examples of a written agreement include renting hotel rooms, leasing apartments, leasing space in a student housing facility or academic space on another campus and even an e-mail agreement for use of space free of charge. Hostels are not normally reportable unless the written agreement gives the University control over the space within the accommodation. James Madison University

22. Why Does the University Police Need this information? • Information on qualifying student trips is needed by University Police for follow-up with the local law enforcement agency associated with the trip location. University Police will send a request to the trip location local law enforcement agency to determine if any Clery Act qualifying crimes (occurring during the trip time frame and at the University arranged accommodation and/or related academic space) were reported directly to local law enforcement and thus may not be known to University personnel.* Note, other University / Departmental internal crime reporting requirements may still exist on any Clery Act reportable or non-reportable student trips. James MadisonUniversity

23. Guidelines James Madison University

24. 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

25. Crime CategoriesWhat needs to be reported James Madison University

26. What crimes must I report? 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 James Madison University

27. 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. James Madison University

28. 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. James Madison University

29. 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 James Madison University

30. Group A Murder and Non-negligent manslaughter Sex offenses Non-forcible sex offenses Robbery Aggravated assault Burglary Motor vehicle theft Arson Group B Larceny-theft Simple assault Intimidation Destruction/damage/ vandalism Stalking Domestic Violence Dating Violence Hate crimes include any offense in the following two groups: Definitions 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.) James Madison University

31. Hate Crime Definitions Race Bias:A preformed negative opinion or attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair; facial features, etc.) genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites). Gender Bias: A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived gender, e.g. male or female. Religious Bias: A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists).Sexual Orientation Bias: A preformed negative opinion or attitude toward a person or a group of persons based on their actual or perceived sexual orientation. James Madison University

32. Ethnicity/National Origin Bias: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including shared religion) and/or ideology that stresses common ancestry. • The concept of ethnicity differs from the closely related term race and that “race” refers to grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors. • Disability Bias:A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness • National Origin: Not defined in the FBI Hate Crime Guidelines… Only defined as “Ethnicity/National Origin” in the ED Handbook. James Madison University

33. Arrests and Referrals ArrestsDefinition : Persons processed by arrest, citation or summonsDrug, liquor and weapons violations Referrals for disciplinary actionDefinition : The referral of any person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanctionDrug, liquor and weapons violations James Madison University

34. 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

35. 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

36. Changes: Violence Against women Act Reauthorized • 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) James Madison University

37. Domestic Violence, Dating violence, and Stalking Incidents • Domestic ViolenceThe 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)) James Madison University

38. 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)) James Madison University

39. 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

40. Title IX and Sexual Violence: Sexual Assault, Domestic Violence, Dating Violence and Stalking Additional Actions must be taken.Title IX requires that we investigate and “take reasonable action” in response to a incident. • Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate. (Title IX is not geography specific. It includes incidents on and off campus.) • If sexual violence has occurred, prompt and immediate steps to end the sexual violence, prevent its recurrence, and address its effects must be taken. James Madison University

41. Title IX and Sexual Violence: Sexual Assault, Domestic Violence, Dating Violence and Stalking What should you do? • If you have been a victim or a victim has reported to you domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Title IX and Police (if the victim so desires.) The University will provide resources to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. • The Title IX Coordinator is regarded as a “Responsible Employee” under Title IX and also a “Campus Security Authority” under the Clery Act. Statistical information less the victims identifying information will be provided to campus police for inclusion in the the annual crime statistics even if the victim chooses not to alert campus public safety personally. James Madison University

42. Title IX and Sexual Violence: Sexual Assault, Domestic Violence, Dating Violence and Stalking Offer to go with the victim to report their complaint. If they do not wish to go get as much information as possible. Questions to ask: What happened? When did it happen? Who else might have witnesses it? Where? Determines if Clery reportable. Let him or her know that the university doesn’t condone this type of behavior and the effect it has on others. Tell him or her that you have an obligation to report what they have told you. Inform the victim that they will probably be contacted by someone who works with these types of complaints so that options are explained. JMU Notice of Complainants Rights contains an explanation of procedures to be followed upon a report of sexual violence. James Madison University

43. Title IX and Sexual Violence: Sexual Assault, Domestic Violence, Dating Violence and StalkingWhere do you direct the victim or make a Title IX report? James Madison University

44. We have a list of crimes nowWhere 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 and list of locations can be found at Clery Geography James Madison University

45. The Clery Geography by DefinitionLink to list of addresses of Clery Geography On CampusAny 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. 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 non-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 Example Relates to city streets and sidewalks immediately adjacent or within University propertyCantrell Avenue (now known as Martin Luther King Drive) to include the 100 Block to 300 Block, Paul Street to include the 1100 and 1200 Block, Eastover Drive to include portions of the 400 Block, Reservoir Street to include the 1500 Block to the 1700 Block, University Blvd.to include the 500 Block to 900 block, Hickory Hill Drive to include the 600 Block, Oakhill Drive to include the 900-1000 Block, Neff Avenue to include the 500 Block to 900 Block, Port Republic Road to include the 900 Block and the 100 to 200 Block, Turner Ashby Lane, Hillside Avenue, South Main Street to include the 700 Block to the 1100 Block, Harrison Street, Warsaw Avenue, Patterson Street, etc. Duke Drive, Bluestone Drive, Carrier Drive, Champions Drive, Alumnae Drive, Newman Drive, and Madison Drive For ExampleFraternities Campus Ministries 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

46. To View Map In Greater DetailMAP James Madison University

47. Reportable???? Remember it must be a Clery crime or incident 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

48. 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 it has occurred off campus contact ECC at 911 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 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

49. 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.Complainants Rights Information contains helpful resources. James Madison University

50. Then Just get the facts • 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. • 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