Clery Act Compliance Training

1. James Madison university Clery Act ComplianceTraining Lisa Carickhoff Clery Compliance Officer2019

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. Jeanne Clery November 23, 1966 April 5, 1986

3. 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. The Purpose of the Clery Act

4. What does Clery require?? • Institutions must collect, classify, count and report crime and fire statistics. • Issue campus alerts to provide the campus community withinformation necessary to make informed decisions about theirhealth and safety: Issue a timely warning for any Clery Act crime that represents an ongoing threat to the safety of students or employees on campus; (may give timely warning for non-Clery crimes). Issue a community alert for crimes occurring off campus. Issue an emergency notification upon the confirmation of significant emergencyor dangerous situation involving an immediate threat to the health or safety ofstudents or employees occurring on the campus. • Warnings and notifications may be issued in a variety of ways : email, text messaging,posters, electronic message board etc.

5. What does Clery require?? • Provide educational programs and campaigns. • Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault and stalking. • Publish and Annual Security and Fire Safety Report • (by Oct. 1 of each year)containing safety and security-related policy statements and crime/fire 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.

6. What does Clery require?? • 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 along with a fire log. • Have established policies and procedures to ensure safety. • Submit statistics to the Department of Education.

7. 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 $57,317 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. Consequences if you are audited and found in non-compliance

8. How do we get these statistics?? 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 ." 

9. The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. Dean of Students Athletic directors, coaches and assistant coaches James Madison University Police Department Disability Services Advisors to student organizations Office of Student Accountability and Restorative Practice Office of Residence Life to in include resident advisorsParking Services Fraternity/Sorority Life Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads Military Science “Cadre” Title IX Coordinator (s) University Program Board Community Service Learning Human Resources Ombudsperson Student Withdrawal University Unions University Recreation Trip Advisors Director of Health Center Director of Counseling Center Band Director Orientation Contract Security Victim Advocates Faculty Advisor to student group Outside Police Agencies Student Leadership Parking Services The Clery Act requires all institutions to collect crime reports from campus security authorities. Campus Security Authorities

10. 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 designated under our policy as those to whom crimes should be reported– the JMU Police and Title IX. • “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. What makes you a Campus Security Authority (CSA)?

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

12. 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 functionof that individual or office. Individuals with “Significant responsibility for Student and Campus Activities”

13. 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. The “function” of the employee on campus

14. Officials of the institution with significant responsibility for student and campus activities include many(Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads), individuals including but not limited to the areas ofCampus Law EnforcementContract Event SecurityUniversity Program Board (to include student monitors of events)OmbudspersonDean of Students Office of Student Accountability and Restorative PracticeMulticultural Student ServicesUniversity Health CenterOffice of Residence Life (to include student resident advisors and hall directors) Officials with significant responsibility..

15. University UnionsUniversity Recreation (to include team sports and recognized clubs)Community Service LearningStudent WithdrawalStaff providing safety escorts on campusDisability ServicesOrientationAthletic directors, coaches and assistant coachesGreek LifeMarching Band DirectorDirector of Health CenterDirector of Counseling CenterVictim AdvocatesMembers of SART teamsStudent Leadership Officials with significant responsibility..

16. Officials with significant Responsibility.. • Human Resources Director Military Science “Cadre”Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to studentsTitle IX CoordinatorDirector of Parking and the manager of parking field operations and monitorsAdministrators who oversee branch campuses and the Washington Semester CoordinatorTrip Advisors

17. 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 Who is NOT a Campus Security Authority?

18. You may have significant responsibility for Student and Campus ActivitiesBUT... 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. Who is NOT a Campus Security Authority?

19. . Anonymous Reporting ProcessVictims can report crimes confidentially to the anonymous websiteSilent Witness http://www.jmu.edu/publicsafety/SilentWitness.shtm For this information to be included in crime statistics, however, enough information has to be given to determine a crime has occurred and the location. Anonymous Reporting

20. “To forward crime reports to the reporting structure established by the institution.” (which is the Clery Compliance officer at the JMU Police Department). Crime reports are allegations of Clery Act crimes that he or she receives. The CSA fulfills a federal responsibility that helps the institution annually disclose accurate crime statistics and to help facilitate the issuance of timely warnings, community alerts or emergency notifications for crimes that pose a serious or continuing threat to the campus communityor are in progress.You do not need to witness the crime. Under the Clery Act,a crime is “reported” when it is brought to the attention ofa campus security authority by a victim, witness, other third party, or even the offender. Campus Security Authority’s primary responsibility is…

21. If a campus security authority receives crime information he or she should document it in a crime report and submit it the to Clery Compliance Officer. This is an ongoing process. Just get the facts, the police department will figure out what offense (if any) occurred. Student employees are directed to report all non-emergency criminal incidents to their supervisor for submission to the designated Clery coordinator for their area. 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. Campus Security Authority’s primary responsibility is…

22. CSA crime reports should include sufficient detail, such as dates and locations, and, where appropriate, personally identifying information, including name and contact information if available. This is because a CSA crime report may be the basis for determining if there is a serious or continuing threat to the safety of the campus community that would require an alert- a timely warning, community alert or emergency notification to be issued. 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

23. There is a three part test to determine if the crime is a Clery reportable crime at JMU. Was the crime reported to a Campus Security Authority?Is the crime a Clery reportable crime? Did the crime occur in a Clery reportable geographic area? Is It Clery Reportable Three Part Test

24. Crime CategoriesWhat needs to be reported

25. What are Clery Act Crimes?

26. Murder and Non-negligent Manslaughter – The willful (non-negligent) killing of one human being by another. Manslaughter by Negligence– The killing of another person through grossnegligence. Robbery – The taking or attempting to take anything of value fromthe care, custody, or control of a person or persons by force orthreat of force or violence and/or by putting the victim in fear. 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.) Definitions of CleryReportable crimes

27. Definitions of UCR Part I Clery Reportable crimes Sexual Assault – An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the National Incident-Based Reporting Systems User Manual from the FBI UCR Programs, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”They are classified as:Rape- The penetration, no matter how slight, of the vagina or anus with any bodypart or object, or oral penetration by a sex organ of another person, without theconsent of the victim.

28. Definitions of UCR Part I Clery Reportable crime • Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is  prohibited by law; • Statutory rape –Sexual intercourse with a person who is under the statutory age of consent

29. Definitions of UCR Part I Clery Reportable crime 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. Include instances of broken bones, internal injuries, stitches, loss of teeth, severe laceration or loss of consciousness. Burglary – The unlawful entry of a structure to commit a felony or a theft. Instances of forcible entry, unlawful entry-no force or attempted forcible entry with the intent to commit a felony or theft Arson – Any willful or malicious burning or attempt to burn, with or withoutintent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

30. 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, ethnicity and/or national origin. Crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias

31. Hate Crimes Hate crimes include any offense in the following • 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

32. Definitions of crimes related to hate crimes 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.)

33. Violence Against Women Act Crimes • 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).

34. Domestic violence • The term “domestic violence” includes felony or misdemeanor crimes of violence committed by: • a current or former spouse or intimate partner 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 or intimate partner; • by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; 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 in which the crime of violence occurred. (42 U.S.C. 13925(a)) • (Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.)

35. 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 • The existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationshipand the frequency of interaction between the persons involved in the relationship. • For the purposes of this definition—Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.Dating violence does not include acts covered under the definition of domestic violence. • For the purpose of complying with the requirements of this section and ~668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.(Includes threats of, or use of physical, sexual, verbal, emotional, economic or psychological action to influence or control the victim.)

36. 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 • For the purposes of this definition– • Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action method, device, or means follows, monitors observes, surveils, threatens, or communicates to or about , a person, or interferes with a person’s property. • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. • Substantial emotional distress means significant mental suffering anguish that may, but does not necessarily, require medical or other professional treatment or counseling. • For the purpose of complying with the requirement of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

37. Police must keep statistics on the number of people arrested or cited for liquor, drug and weapon law violations. Office of Residence Life and Office of Student Accountability and Restorative Practices 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. (head count) Liquor, drug, weapon law violations

38. 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 Arrests and Referrals

39. Arrests & disciplinary referrals for violations 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. Arrests Persons processed by arrest, citation or summons Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

40. Arrests & disciplinary referrals for violations • 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). • Arrests Persons processed by arrest, citation or summons • Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

41. Arrests & disciplinary referrals for violations • 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.Arrests Persons processed by arrest, citation or summons • Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action. James Madison University

42. Where did it happen? Clery Geography • A crime must be reported if it occurred:On campusOn campus, in residence halls • Public Property - on public property within or • immediately adjacent to campus • Non-Campus - in or on non-campus property owned or controlled by the University or a recognized student organization that are not within the contiguous geographic area of the campus. • Link to list of map and addresses of Clery Geography

43. “DOES IT MATTER WHERE INCIDENTSHAPPEN?” • YES – Location Matters • Crimes are only “Clery reportable” if they’ve occurred on Clery reportable geography • However, when in doubt, report! • JMU Police will sort out any geography concerns. James Madison University

44. Clery Geography by Definition : On Campus On CampusAny building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support or in a manner related to, the institutions educational purposes. (This includes all buildings and open space within the boundaries of campus).

45. Clery Geography by Definition: Non-Campus Non-Campus Buildings/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 or in relation to, the intuitions educational purpose, is frequently used by students, and is not within the same reasonably contiguous geographic area. • For ExampleFraternities • Campus Ministries • WMRA Radio Station JMU Farm House JMU Farm Pavilion

46. Clery Geography by Definition: Public • 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. • Relates to city streets and sidewalks immediately adjacent or within University property - Martin Luther King Jr. 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

47. 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; ORWhile 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. But if in doubt report it and we will determine if it is reportable. Reportable????

48. 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 at 568-6911 if it is occurring on campus • If it has occurred off campus contact Emergence Communication Center or ECC at 911 to be directed to appropriate agency 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. A crime is being reported to you. What you need to do?

49. You Can Provide the Victim with: • Information on reporting to campus police or if the incident happened off campus the local police. You can encourage the person to report the crime to the police, but don’t insist. Remember the decision isn’t yours, a victim who talks to you may not want to talk to the 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). • If it is not an emergency, the CSA should ask the individual reporting the crime if they would like to report the incident to the JMU Police or the police in the jurisdiction the crime occurred. If they do, then the CSA should help coordinate reporting. If they do not want to contact police, the CSA should explain that they are a federally mandated crime reporter and are required to submit a crime report for statistical purposes and that the crime report can be submitted without identifying the crime reporting party and/or victim if the reporting party would like to remain anonymous. If a crime reporting party requests anonymity, this request must be honored to the extent permitted by law. However, in areas of sexual violence anonymity cannot be promised. A crime is being reported to you. What you need to do?

50. CSAs are not responsible for determining authoritatively whether a crime took place, and they should not try to apprehend alleged suspects of crimes. When interacting with a person reporting a crime, CSAs should do the following: • Explain their obligation to report the incident to JMU Police Clery Compliance officer • Gather enough information that would provide sufficient detail to properly classify the incident to include date and time of the incident, general location, description (nature of crime) • Offer the person available support resources A crime is being reported to you. What you need to? James Madison University