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(Additional References)
(Additional References)
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== Additional References ==
 
== Additional References ==
* [http://policy.appstate.edu/images/9/97/NCCET-Appendix-A.pdf Appendix A - North Carolina Center for Engineering Technologies Annual Crime Statistics Report]
+
: [http://policy.appstate.edu/images/7/7a/NCCET_-_Appendix_A.pdf Appendix A - North Carolina Center for Engineering Technologies Annual Crime Statistics Report]
* Student Right-to-Know Act (Public Law 101-542)  
+
: Student Right-to-Know Act (Public Law 101-542)  
* Higher Education Technical Amendments of 1991 (Public Law 102-26)  
+
: Higher Education Technical Amendments of 1991 (Public Law 102-26)  
* Higher Education Technical Amendments of 1993 (Public Law 103-208)
+
: Higher Education Technical Amendments of 1993 (Public Law 103-208)
* Higher Education Opportunity Act (HEOA) of 2008 (Public Law 110-315) 
+
: Higher Education Opportunity Act (HEOA) of 2008 (Public Law 110-315) 
* 20 U.S.C. 1092(f)  
+
: 20 U.S.C. 1092(f)  
* 20 U.S.C. 1094  
+
: 20 U.S.C. 1094  
* 34 CFR Part 668
+
: 34 CFR Part 668
  
 
== Authority ==
 
== Authority ==

Revision as of 14:52, 28 September 2012

Policy 301.4.4

1 Introduction

This document has been written to establish policies and procedures to comply with the Jeanne Clery Disclosure of Campus Crime Statistics Act, hereafter called the Clery Act, formerly known as the Crime Awareness and Campus Security Act of 1990 (Title II, Public Law 101-542) with its amendments and the Higher Education Opportunity Act (HEOA) (Public Law 110-315).

2 Scope

This policy applies to all employees, students and visitors at the Appalachian Center at the North Carolina Center for Engineering Technologies (NCCET) located in Hickory, NC. The NCCET is part of the Appalachian State University Greater Hickory Partnership (ASU-GHP), between Appalachian State University and the three community colleges in the Hickory-Lenoir-Morganton Region. The partnership coordinates delivery of Appalachian’s off-campus degree programs at the NCCET site. For Clery Act reporting purposes only, it is considered a separate campus. The NCCET campus has no residence halls and exists to offer part-time and full-time undergraduate programs to students who live in the greater Hickory region and are unable to commute or move to Boone, home of Appalachian State University’s main campus.

3 Definitions

3.1 Criminal Offenses and Violations

The criminal offenses and violations that must be reported are defined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program and the Clery Act as follows:

  1. Murder and Non-Negligent Manslaughter - the willful (non-negligent) killing of one human being by another.  
  2. Negligent Manslaughter - the killing of another person through gross negligence.  
  3. 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.  
  4. Aggravated Assault - an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harms and includes assaults that require medical attention. 
  5. Burglary - the unlawful entry of a structure to commit a felony or 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.  
  6. Motor Vehicle Theft - the theft or attempted theft of a motor vehicle. For reporting purposes include all cases where automobiles are taken by persons not having lawful access even if the vehicle was later abandoned, including joyriding.
  7. 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, or personal property of another.
  8. Sex Offenses, Forcible - 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. For reporting purposes this includes forcible rape, forcible sodomy, sexual assault with an object and forcible fondling.  
  9. Sex Offenses, Non-Forcible - unlawful, non-forcible sexual intercourse. For reporting purposes there are only two types of offenses included in this definition, incest and statutory rape.  
  10. Larceny-Theft – The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Note: Constructive possession is defined by Black’s Law Dictionary, 6th ed. as “where one does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.”)
  11. Simple Assault - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
  12. Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. (E.g. Communicating Threats, Harassment, Stalking)
  13. Destruction/Damage/Vandalism of Property (Except "Arson") - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
  14. Drug Law Violations - violations of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful possession, sale, use, growing, manufacturing, transportation, importation and making of any controlled drug or narcotic substance.
  15. Liquor Law Violations - violation of state or local laws or ordinances prohibiting the manufacture, sale, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Violations include, but are not limited to, maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person, using a vehicle for the illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned.  
  16. Weapon Law Violations - violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing weapons; and all attempts to commit any of the aforementioned. 
  17. Hate Crimes - the above listed crimes, (except drug, liquor and weapons violations), and any other crime involving bodily injury where the victim was intentionally selected on the basis of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability. The hate crime must be reported according to the category of hate, bias or prejudice.

3.2 Geographical Report Locations

Offenses are to be reported by separate geographical locations, as defined below:

  1. On-campus – the building and property located at 1990 Main Avenue SE, Hickory, NC 28602. The facility is 55,000 square feet of office, laboratory and classroom space that is used by the University in direct support of, or in a manner related to, its educational mission.
  2. Non-Campus Building or Property – there are currently no non-campus buildings or property as associated with the NCCET campus.
  3. Public Property - all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the NCCET campus or immediately adjacent to and accessible from it.  
  4. Residential Facilities – there are no residential facilities on the NCCET campus.

3.3 Other Important Definitions

  1. Business Day - Monday through Friday, excluding any day when the University is closed.  
  2. Test - Regularly scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities.
  3. Campus Security Authority - any official or office of the University and the NCCET Campus who has a significant responsibility for campus security and for certain student and campus activities, including the following:  
    1. The Chief and all employees in the Appalachian State University Police Department;  
    2. any individuals not employed by the University Police Department, but having responsibility for monitoring entrance into the property (Griffith Security, Hickory, NC, Telephone 828-327-4354);  
    3. The Dean of Students;  
    4. The Student Conduct Office;
    5. The Director of the Greater Hickory Partnership
    6. The Director of NCCET;
  4. Prospective Employee - an individual who has contacted an official of the University for the purpose of requesting information concerning employment. 
  5. Prospective Student - an individual who has contacted an official of the University for the purpose of requesting information concerning admissions.  
  6. University - refers to Appalachian State University, a constituent institution of The University of North Carolina with its main campus located in Boone, North Carolina.  
  7. Pastoral Counselor - a person who is associated with a religious order or denomination that recognizes him/her as someone who provides confidential counseling, and is functioning within the scope of that recognition as a university pastoral counselor.  
  8. Professional Counselor - is a person whose official responsibilities include providing mental health counseling to members of the university community and is functioning within the scope of his/her license or certificate.  
  9. Referred for campus disciplinary action - the referral of any student to any campus official who initiates a disciplinary action of which record is kept and which may result in the imposition of a sanction.

4 Policy and Procedure Statements

4.1 Crime Awareness and Campus Security Act

4.1.1 On November 8, 1990, the Crime Awareness and Campus Security Act (Title II, Public Law 101-542) was signed into law. This law requires universities to produce and make available certain policy statements and statistics about campus crime.

4.1.2 This University and NCCET policy is adopted to comply with Public Law 101-542, with its amendments and that portion of Public Law 110-315 that pertains to the Higher Education Opportunity Act campus safety disclosure responsibilities.

4.1.3 It is the policy of the University to publish by October 1st of each school year an annual Campus Security Report that informs current students and employees of the security policies, procedures and practices in place for the NCCET campus. The annual Campus Security Report will also disclose statistics from the previous three years concerning reported crimes listed under Definitions, section 3.01, above, that occurred: On-campus; in any off campus buildings or property, either owned or controlled by the University or owned or controlled by a student organization recognized by the University; and on public property within, or immediately adjacent to and accessible from the campus. The statistics will be collected from the University Police, local law enforcement, and other University officials who have been designated as Campus Security Authorities.

4.1.4 The University Director of Public Safety and Risk Management is responsible for preparing and distributing the annual Campus Security Report for the NCCET campus. Coordination with many departments and agencies, such as the Office of Extension and Distance Education, Office of the General Counsel, Dean of Students, Student Conduct Office, and local police agencies was required to compile this report. The annual Campus Security Report for the NCCET campus is available on the Web at http://www.police.appstate.edu. Each member of the NCCET Campus is notified by e-mail with a link to the report when the report is available on the Web. The report will be made available to prospective students, prospective employees, and others upon request. Paper copies of the report may be requested by contacting the University Police Department at 828-262-2150 or by mail at: Appalachian State University Police Department, ASU Box 32113, Boone, NC 28608.

4.1.5 It is also the policy of Appalachian State University and the NCCET campus that students and employees are ultimately responsible for their own safety and security. Although members of the campus community are encouraged to use the annual Campus Security Report as a guide for safe practices on and off-campus, nothing in this policy or other publications of Appalachian State University or the NCCET campus is intended to represent the University as an insurer of any individual's personal safety or security. Students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety.

4.2 Campus Law Enforcement

4.2.1 The Appalachian State University Police Department has no jurisdiction on the NCCET campus. The NCCET campus does not employ any security personnel. The campus does have an after-hours contract with a private security company, Griffin Security, but their officers have no arrest powers.

4.2.2 All criminal incidents should be reported to the Hickory Police Department. Hickory Police Officers are commissioned as law enforcement officers by the North Carolina Department of Justice, Criminal Justice Standards Division. Officers meet all certification standards for police officers in the State of North Carolina. Officers have the power of arrest and are sworn to enforce North Carolina laws on the NCCET campus and public roads passing through or immediately adjoining the campus property.

4.3 Policy for Reporting Criminal Incidents or Emergencies

4.3.1 The University requires employees (to the extent allowed under professional ethics constraints) and encourages students and visitors to promptly report crimes that occur on the NCCET campus to the Hickory Police Department at 828-261-2600. For emergencies call 911. Professional and pastoral counselors are encouraged to report crimes, but the University does not mandate that they report. The University encourages professional and pastoral counselors; if and when they deem it appropriate, to inform the persons they are counseling to report crime on a voluntary basis to the Police.

4.3.2 Reports of crimes may be made to other campus security authorities as listed below:

Director, NCCET 828-328-6183
Director, Greater Hickory Partnership 828-324-6966
Director, Student Conduct 828-262-2704
Dean of Students 828-262-2060

4.3.4 Campus security authorities will promptly refer all reportable offenses to the Appalachian State University Police Department. Reports of crimes may also be made anonymously to the University Police by going to http://www.police.appstate.edu and clicking on Report Crime Information or Suspicious Activity Anonymously On-line.

4.3.5 All reports are investigated and the perpetrators are either referred for prosecution, referred to the Office of Student Conduct for discipline under the Code of Student Conduct, or both.

4.3.6 The North Carolina State Bureau of Investigation and other law enforcement agencies may assist with investigations upon request. Reports of felony violations and certain misdemeanor violations which occur on campus are routinely reported to the Division of Criminal Information (a division of the State Bureau of Investigation) each month.

4.4 Monitoring and Recording Criminal Activity of Students Off-Campus

4.4.1 The University relies on local law enforcement agencies for response to off-campus crimes. While the University does not collect off-campus arrest information, if we become aware of a student who is involved in a felony arrest, drug arrest and/or certain alcohol related arrests, that information will be provided to the Student Conduct Office. The University reserves the right to address allegations of off-campus crimes through the Code of Student Conduct when appropriate.

4.5 Access to Campus Facilities

4.5.1 The NCCET Campus is generally open to the public during normal business hours, weekdays from 8:00 a.m. to 5:00 p.m. Individuals who wish to access to the campus after normal business hours or for special events should contact the NCCET Director. The NCCET Campus has a contract with the Britt Griffith Security Company to check the campus between 5:00 p.m. and 7:00 a.m.

4.6 Security Considerations in the Maintenance of Campus Facilities

4.6.1 The Director of Public Safety and Risk Management in coordination with the NCCET Director schedules an annual security survey of the NCCET Campus, examining security issues such as landscaping, locks, alarms, lighting and communications. Security breaches and lighting outages are reported to the appropriate Physical Plant maintenance shop. Faculty, staff and students are encouraged to report any security concerns to the NCCET Campus Administrator who will in turn follow-up with the appropriate University department to determine what corrective action to take.

4.7 Timely Warnings/Crime Alerts

4.7.1 In the event that a situation arises, either on or off campus, that, in the judgment of the University Chief of Police or his designated representative, constitutes an ongoing or continuing threat, a campus wide “Crime Alert” will be issued in a timely manner. For the purposes of this policy, “timely manner” generally means within a reasonable amount of time after pertinent information has been gathered by the University Police and that information has been confirmed to be apparently true. The Crime Alert will be issued through the University e-mail system to students, faculty and staff. It will also be posted on the University Police web page at http://www.police.appstate.edu. The information in the Crime Alert will include a general description of the incident and location, but not to divulge information that could lead to the identity of the victim, and will provide several safety tips appropriate to the incident. Crime alerts generally remain posted and active on the University Police Web page for thirty (30) days before being moved into the archive file.

4.8 Daily Crime Log and Campus Crime Statistics

4.8.1 The NCCET Campus is not required to maintain a daily crime log because it does not have its own campus police or security department. The campus is located within the Hickory Police Department’s jurisdiction and although there is no written agreement, Hickory Police officers do patrol on and near the campus.

4.8.2 The Appalachian State University Police Department collects and discloses crimes that occur on the NCCET Campus that are reported to the Hickory Police Department and NCCET campus security authorities in accordance with Clery Act requirements. NCCET annual crime statistics report is in Appendix A.

4.9 Emergency Preparedness

4.9.1 Upon confirmation by the Director or his/her designee of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff on campus, the Director or his/her designee, without delay, and taking into account the safety of the community, will contact emergency personnel by immediately calling 911 and activating the internal emergency notification system. The Director will determine the content of the notification and initiate the emergency notification system unless issuing a notification will, in the professional judgment of the on-scene Incident Commander, compromise efforts to assist a victim or to contain, respond to or otherwise mitigate the emergency. The emergency notification system uses e-mail to notify all faculty, staff and students of an emergency situation and to initiate the following internal notification procedures:

  1. Activate the fire alarm system to assist with evacuation, when required.
  2. Telephone system
  3. Door-to-door notifications

4.9.2 The Director or his/her designee will contact the University Police Department (828-262-8000) immediately, as long as the University Police notification does not delay the on campus emergency notification process.

4.10 Crime Prevention Education and Awareness

4.10.1 The University Police Department advocates a proactive approach to crime prevention as part of its Community Oriented Policing philosophy. This approach is exemplified by the various education and awareness programs we provide students, faculty and staff. The University also provides programs through the Division of Student Development, and other offices, to promote awareness and provide information and services related to security practices and crime prevention. The number and types of programs offered to educate the community vary from year to year.

4.11 Alcohol and Drug Policies

4.11.1 The possession, use and sale of alcohol on campus must comply with the laws of the State of North Carolina and with campus regulations and procedures. The acquisition, possession, transportation and consumption of alcohol by anyone less than 21 years of age are prohibited. Alcohol may be possessed or consumed on NCCET property only by persons 21 years of age or older and only during appropriately licensed and/or approved campus events. Persons are expected to assume responsibility for their own behavior while drinking and must understand that being under the influence of alcohol in no way lessens their accountability. Violators of the NCCET alcohol policy will be dealt with through established University policies and procedures.

4.11.2 Persons who provide alcoholic beverages to anyone who is not of legal drinking age are in violation of North Carolina law and University policies, and may be subject to both criminal prosecution and University disciplinary action. They may also be liable for personal injuries or property damages resulting from acts committed by intoxicated persons, whether underage or otherwise.

4.11.3 The University/NCCET prohibits the unlawful possession, use, sale, growing, manufacturing, transportation, importation, and making of any controlled substances or illicit drugs by students, staff and faculty. The University/NCCET adheres to the "University of North Carolina Policy on Illegal Drugs" adopted by the Board of Governors on January 15, 1988 and found in Chapter 1300.1 of the UNC Policy Manual. Drug and alcohol educational and counseling services are offered and/or coordinated through the Dean of Students, Student Health Services, and/or the University Police.  

4.11.4 Additional information about the University’s drug and alcohol policies may be found at http://policy.appstate.edu/Policy_Manual.

4.12 Sexual Assault Prevention and Response

4.12.1 Sexual assaults, including date or acquaintance rape, are a serious concern to the University/NCCET and will not be tolerated. Victims of sexual assaults should get medical treatment as soon as possible and are encouraged to notify the Hickory Police by calling either 911 or 828-323-7400. Student’s not wishing to contact the police may contact any of the "campus security authorities" listed in sections 3.03 and 6.02, above for help. Campus security authorities will assist the victim in notifying the appropriate law enforcement agency if the victim requests assistance. To aid the police investigation, victims of sexual assault should take these steps to help preserve evidence:

  1. Do not shower or bathe before the medical exam.
  2. Do not change your clothes; if you do, save all your clothing and give them to the police.
  3. Do not disturb or alter the crime scene.
  4. Document any injury you suffered, either by photograph or by showing it to someone you trust.  

4.12.2 NCCET has no on campus counseling services. Referrals for counseling services for student sexual assault victims, are available from the University’s Counseling and Psychological Services Center (located on the Main Campus in Boone) by calling 828-262-3180. Additionally, the offices of Student Development and Academic Affairs will make every reasonable effort to assist victims of sexual assault by providing options for changing academic conditions whenever possible.

4.12.3 The University's Student Conduct Office responds to all violations of the Student Code of Conduct, including all sex offenses, forcible or non-forcible. Both the accuser and the accused are entitled to the same opportunities to have others present during the proceedings, and both parties of any sex offense hearing shall be informed of the outcome of any campus disciplinary proceedings involving a sex offense.

4.12.4 The University's Code of Student Conduct outlines possible sanctions for sexual assault, rape or molestation. They include suspension (eight semesters) or expulsion. Sanctions and conduct proceedings are outlined in the Code of Student Conduct.   The entire University Sexual Assault Policy can be found at: http://www.sexualassault.appstate.edu or http://www.studentconduct.appstate.

4.12.5 Educational programs that promote the awareness of rape, acquaintance rape and other forcible and non-forcible sex offenses are regularly offered by many different University departments, and may be requested by contacting the Dean of Students at 828-262-2060.

4.12.6 North Carolina law requires sex offenders to register with the Sheriff of the county in which they live. The law also requires non-resident students or non-resident workers to register with the Sheriff of the county in which they work or attend school. The NC Registry of Sex Offenders may be viewed on-line at http://sexoffender.ncdoj.gov/.

5 Additional References

Appendix A - North Carolina Center for Engineering Technologies Annual Crime Statistics Report
Student Right-to-Know Act (Public Law 101-542)
Higher Education Technical Amendments of 1991 (Public Law 102-26)
Higher Education Technical Amendments of 1993 (Public Law 103-208)
Higher Education Opportunity Act (HEOA) of 2008 (Public Law 110-315) 
20 U.S.C. 1092(f)
20 U.S.C. 1094
34 CFR Part 668

6 Authority

7 Contact Information

Director of Public Safety and Risk Management – 828-262-2150

8 Effective Date

October 1, 2012

9 Revision Dates