2012 Caldwell Center Annual Report: Difference between revisions

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Policy 301.4.2
#REDIRECT [[2013 Campus Security and Fire Safety Report]]
== Introduction ==
1.1 This document has been written to establish policies and procedures to comply with the Jeanne Clery Disclosure of Campus Security Policy and 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), as amended, and the Higher Education Opportunity Act (HEOA) (Public Law 110-315).  It is to be updated and published by October 1each year and sent out to all students, staff and faculty via e-mail as the Appalachian Center at Caldwell Annual Security Report as required by the Clery Act.
 
== Scope ==
2.1 This policy applies to all employees, students, and visitors at the Appalachian Center on the campus of Caldwell Community College & Technical Institute (Caldwell Center) in Hudson, NC.  The Caldwell Center 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 Caldwell Center.  For Clery Act reporting purposes only, it is considered a separate campus.  The Caldwell Center 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
 
== Definitions  ==
 
: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:
 
=== 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. 
=== 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. 
=== 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. 
 
=== 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.
 
=== 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.
 
=== 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. 
 
=== 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. 
=== 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. 
=== 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.”)
 
=== 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.
 
=== 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)
 
=== 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.
 
=== 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. 
 
=== 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. 
 
=== 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.
 
=== 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
 
:Offenses are to be reported by separate geographical locations, as defined below:
 
=== On-campus ===
:the Caldwell Center classes are conducted in the Faye A. Broyhill Building which is located on the campus of Caldwell Community College and Technical Institute (CCC&TI) at 2855 Hickory Boulevard, Hudson, NC 28602.
 
=== Non-Campus Building or Property ===
:there are currently no non-campus buildings or property associated with the Caldwell Center campus.
 
=== Public Property ===
:all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the Caldwell Center campus or immediately adjacent to and accessible from it.
 
=== Residential Facilities ===
:there are no residential facilities on the Caldwell Center campus.
 
:Other Important Definitions:
 
=== Business Day ===
:Monday through Friday, excluding any day when the University is closed.
 
=== Test ===
:regularly scheduled drills, exercises, and appropriate follow-through activities, designed for assessment and evaluation of emergency plans and capabilities.
 
=== Campus Security Authority ===
:any official or office of the University and the Caldwell Center campus who has a significant responsibility for campus security and for student and campus activities, including the following: 
#All employees in the Appalachian State University Police Department; 
#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); 
#The Dean of Students; 
#The Student Conduct Office;
#The Executive Director of Educational Outreach and Summer Programs
 
=== Prospective Employee ===
:an individual who has contacted an official of the University for the purpose of requesting information concerning employment. 
 
=== Prospective Student ===
:an individual who has contacted an official of the University for the purpose of requesting information concerning admissions.
 
=== University ===
:refers to Appalachian State University, a constituent institution of The University of North Carolina with its main campus located in Boone, North Carolina. 
=== 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.
=== 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. 
 
=== 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.
 
== Policy and Procedure Statements  ==
 
=== 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  The Caldwell Center policy is adopted to comply with Public Law 101-542, as amended, 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 Caldwell Center campus. The annual Campus Security Report will also disclose statistics from the previous three years concerning reported crimes listed under Definitions, in section 3, above. The statistics will be collected from the Hudson Police Department, other local law enforcement agencies, and 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 Caldwell Center campus.  Coordination with many departments and agencies, such as the Office of Educational Outreach and Summer Programs, 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 Caldwell Center campus is available on the Web at www.policy.appstate.edu/Policy_Manual. Each member of the Caldwell Center 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 Caldwell Center 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 Caldwell Center 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.
 
=== Campus Law Enforcement ===
4.2.1 Campus law enforcement is provided to the CCC&TI and Caldwell Center under contract with the town of Hudson Police Department.  The Caldwell Center does not employ any security personnel, however CCC&TI has a School Resource Police Officer on campus Monday through Thursday from 9:30am to 8pm.  The CCC&TI does have an after-hours contract with a private security company, Griffith Security.  Although they have no arrest powers, they monitor facilities and grounds and report incidents to CCC&TI security authorities.
 
4.2.2 All criminal incidents should be reported to the Hudson Police Department.  Hudson 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 CCC&TI campus and public roads passing through or immediately adjoining the campus property.
 
=== 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 Caldwell Center campus to the Hudson Police Department at 828-728-5022.  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:
 
{|border="1"
|Executive Director of Educational Outreach
|828-262-6519
|-
|Director, Student Conduct
|828-262-2704
|-
|Dean of Students
|828-262-2060
|}
 
4.3.3 Campus security authorities will promptly refer all reportable offenses to the Hudson Police Department or the Appalachian State University Police Department.  Reports of crimes may also be made anonymously to the University Police by going to www.police.appstate.edu and clicking on Report Crime Information or Suspicious Activity Anonymously On-line. 
 
4.3.4 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.
 
4.3.5 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.
 
=== 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.
 
=== Access to Campus Facilities ===
4.5.1 The use of Caldwell Center campus facilities and grounds is governed by the laws of the State of North Carolina and CCC&TI policies.  The Caldwell Center 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 the campus after normal business hours or for special events should contact the Caldwell Center Administrator.  CCC&TI has a contract with the Griffith Security Company to check the campus after hours.
 
=== Security Considerations in the Maintenance of Campus Facilities ===
4.6.1 The CCC&TI Vice President of Administration and Facilities Services has overall responsibility for security and maintenance of the CCC&TI and Caldwell Center campus.  CCC&TI also contracts with Griffith Security for after hour’s security of the campus. Faculty, staff and students are encouraged to report any security concerns to the University Police, who will in turn follow-up with the appropriate CCC&TI and/or University department to determine what corrective action to take.
 
===  Timely Warnings/Crime Alerts ===
4.7.1 The CCC&TI Vice President of Student Services provides timely warnings for all Clery Act crimes committed on the CCC&TI campus and Caldwell Center campus that are reported to campus security authorities or local law enforcement and represent a serious or continuing threat to students and employees. Timely warnings will be issued through the CCC&TI email system.
 
=== Daily Crime Log and Campus Crime Statistics ===
4.8.1 The Caldwell Center 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 in the Hudson Police Department’s jurisdiction and they patrol on and near the campus.
 
4.8.2 The Appalachian State University Police Department collects and discloses statistics for crimes that occur on the Caldwell Center campus that are reported to the Hudson Police Department and Caldwell Center campus security authorities in accordance with Clery Act requirements. The Caldwell Center campus annual crime statistics report is in Section 5 below.
 
=== Emergency Preparedness ===
4.9.1 The University recognizes the importance of comprehensive all-hazard planning for campus emergencies.  The University Emergency Operations Plan is founded on the principles of the National Incident Management System (NIMS), and we operate during a crisis or emergency under the Incident Command System.  The University conducts annual exercises to test its plans and to test the emergency notification system.
 
4.9.2 Upon confirmation by the CCC&TI Command Center of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff on campus, the Command Center staff, 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 Command Center staff 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 campus phone inter-com to notify all faculty, staff and students of an emergency situation and to initiate the following internal notification procedures:
#Activate the fire alarm system to assist with evacuation, when required.
#E-mail system, if appropriate
#Door-to-door notifications, when required
 
=== Crime Prevention Education and Awareness ===
4.10.1 Requests for Security and safety programs should be directed to CCC&TI Vice President of Administration and Facilities Services.  Students, faculty and staff may also request programs through the University Police and Division of Student Development. The number and types of programs offered to educate the community vary from year to year.
 
===  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. Public consumption of alcohol on the CCC&TI and Caldwell Center campus is prohibited.  Violators are subject to criminal prosecution and University disciplinary action.
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 Caldwell Center 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/Caldwell Center adheres to the "University of North Carolina Policy on Illegal Drugs" adopted by the Board of Governors on January 15, 1988 and amended on June 15, 2012, which can be found in Chapter 1300.1 of the UNC Policy Manual. Drug and alcohol educational programs are offered through the University Police Department.
 
4.11.4 CCC&TI can also provide educational programs that emphasize drug abuse prevention to students and staff. Referrals to community and rehabilitation resources may also be made as appropriate, through CCC&TI Student Services.
 
=== Sexual Assault Prevention and Response ===
4.12.1 Sexual assaults, including date or acquaintance rape, are a serious concern to the University and the Caldwell Center campus and will not be tolerated. Victims of sexual assaults should get medical treatment as soon as possible and are encouraged to notify the Hudson Police by calling either 911 or 828-728-5022.  Student’s not wishing to contact the police may contact any of the "campus security authorities" listed in sections 3.24, 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:
#Do not shower or bathe before the medical exam.
#Do not change your clothes; if you do, save all your clothing and give them to the police.
#Do not disturb or alter the crime scene.
#Document any injury you suffered, either by photograph or by showing it to someone you trust.
 
4.12.2 The Caldwell Center has no on campus counseling services.  Resources for student sexual assault victims are available from the Shelter Home of Caldwell County by calling 828-758-0888.  Additionally, the offices of Student Development and Academic Affairs will make every reasonable effort to assist victims of sexual assault by changing academic conditions if possible. 
4.12.3 The University's Student Conduct Office responds to all violations of the Code of Student 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 shall be informed of the final result 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 sexual misconduct. They include suspension (eight semesters) or expulsion. The entire University Sexual Assault Policy can be found at: http://www.sexualassault.appstate.edu.
 
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 in Boone, and may be requested for members of the Caldwell Center campus by contacting the University Police at 828-262-2150.
 
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 attend school or work.  The NC Registry of Sex Offenders may be viewed on-line at http://sexoffender.ncdoj.gov/.
 
== Additional References ==
{|border="1"
!colspan="13"|Caldwell Center Campus
|-
!Offense Type
!colspan="3"|On-Campus
|-
!Year
|2010
|2011
|2012
|-
|Murder & Non-negligent Manslaughter
|0
|0
|0
|-
|Negligent Manslaughter
|0
|0
|0
|-
|Forcible Sex Offenses
|0
|0
|0
|-
|Non-forcible Sex Offfenses
|0
|0
|0
|-
|Robbery
|0
|0
|0
|-
|Aggravated Assault
|0
|0
|0
|-
|Burglary
|0
|0
|0
|-
|Motor Vehicle Theft
|0
|0
|0
|-
|Arson
|0
|0
|0
|-
|Larceny
|0
|0
|0
|}
 
 
{|border="1"
!colspan="13"|Number of Arrests/Referrals for Selected Offenses
|-
!Offense Type
!colspan="3"|On-Campus
|-
!Year
|2010
|2011
|2012
|-
|Weapon Violations
|0
|0
|0
|-
|Drug Violations
|0
|0
|0
|-
|Liquor Law Violations
|0
|0
|0
|}
 
 
{|border="1"
!colspan="13"|Judicial Referrals
|-
!Year
|2010
|2011
|2012
|-
|Weapon Violations
|0
|0
|0
|-
|Drug Violations
|0
|0
|0
|-
|Liquor Law Violations
|0
|0
|0
|}
 
 
No Hate Crimes reported in 2010/2011/2012
 
No Residence Halls on Campus
No Public Property adjacent to Campus
No Non-Campus Property adjacent to Campus
 
== Authority ==
:[http://www.cccti.edu/Documents/CurrentEditions/StudentHandbook.pdf Caldwell Community College and Technical Institute Student Handbook]
:[http://www.gpo.gov/fdsys/pkg/STATUTE-104/pdf/STATUTE-104-Pg1054.pdf(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
:34 CFR Part 99
 
== Contact Information ==
:Director of Public Safety and Risk Management, 828-262-2150
 
== Effective Date ==
:October 1, 2011
 
== Revision Dates ==
:October 1, 2013

Latest revision as of 12:29, 1 October 2014

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