Clery Act Compliance Policy: Difference between revisions

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Policy 301.4
== Introduction ==
== Introduction ==


This policy has been written in order to establish policy 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).
1.1 This policy affirms Appalachian State University’s commitment to comply with the Jeanne Clery Disclosure of Campus Crime Statistics Act, hereafter called the “Clery Act,” and formerly known as the Crime Awareness and Campus Security Act of 1990 (Title II, Public Law 101-542), as amended.


== Scope ==
== Scope ==
2.1  This policy applies to all employees, students and prospective students of the University, whose main campus is located in Boone, North Carolina, as well as visitors to the campus or non-campus property. 


2.2  In addition, all University policy statements, procedures and protocols apply to all employees, students, and visitors to Appalachian's four separate campuses, the Appalachian State University Hickory Campus, the Caldwell Center (located in Hudson, North Carolina, at Caldwell Community College and Technical Institute), the Hickory Center (located in Hickory, North Carolina, at the Catawba Valley Community College), and the Burke Center (located in Morganton, North Carolina, at the Foothills Higher Education Center), unless otherwise stated in the report.


== Definitions  ==
== Definitions  ==
 
3.1 This policy incorporates by reference all definitions set forth in the most current version of the University’s Annual Campus Security & Fire Safety Report [https://police.appstate.edu/clery].
=== Definition phrase or word ===
2.01 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
2.02 Offenses are to be reported by separate geographical locations, as defined below (see the map at Appendix A for Main Campus boundaries):
1. On-campus - any building or property on Main Campus owned or controlled by Appalachian State University (the “University”) that is used by the University in direct support of, or in a manner related to, its educational mission. Any property on Main Campus owned by the University, but controlled by another person, if that property is used by students and supports our institutional purposes. 
2. Non-Campus Building or Property - any building or property owned or controlled by a student organization recognized by the University; or any building or property (other than a branch campus) owned or controlled by the University that is used in direct support of its educational mission, is frequently used by students, and is outside the boundaries of Main Campus. 
3. Public Property - all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the Main Campus or immediately adjacent to and accessible from the Main Campus. 
4. Residential Facilities – any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonable contiguous geographic area that makes up the campus is considered an on-campus student housing facility.  For Clery Act reporting purposes, this requires a separate reporting category. All reportable incidents that occur in a residential facility will be reported under this category and they will also be counted in the "on campus" category or in the” non-campus” category as required.
2.03 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 who has a significant responsibility for campus security and for certain student and campus activities, including the following:  
(a) the Chief and all employees in the Appalachian State University Police Department; 
(b) any individuals not employed by the University Police Department, but having responsibility for monitoring entrance into institutional property (e.g., security guards employed for special events on institutional property); 
(c) the Director of Athletics and team coaches; 
(d) the Director of AA/EEO Compliance;
(e) the Dean of Students and the respective directors of the following departments within the Division of Student Development: Housing and Residence Life; Student Conduct Office; Student Programs; University Recreation; Center for Student Involvement and Leadership. 
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 the 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.


== Policy and Procedure Statements  ==
== Policy and Procedure Statements  ==
=== General Policy ===


=== Example policy 1 ===
4.1.1  It is the policy of Appalachian State University to publish by October 1st of each school year the Annual Campus Security & Fire Safety Report ("Annual Clery Report") that informs current and prospective students and employees of the security and fire safety policies, procedures and practices described in this policy.  The Clery Compliance Coordinator is responsible for overseeing preparation and distribution of the Annual Clery Report.  Coordination with many departments and agencies, such as Environmental Health, Safety and Emergency Management, Dean of Students, Student Conduct, University Housing, state law enforcement agencies and local police agencies, is required to compile the report. 


4.1.2  The Chancellor shall review and approve the Annual Clery Report (including all policy statements contained therein) prior to its publication each year.  The [https://police.appstate.edu/clery Annual Clery Report] shall be published on the University Police Department website.  The most current version of each Annual Clery Report is incorporated here by reference, as if set forth fully herein. Each member of the University community 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 other individuals 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.


=== Example policy 2 ===
4.1.3  Appalachian State University is committed to providing a safe learning, living and working environment.  Members of the campus community are encouraged to use the Annual Clery Report as a guide for safe practices on and off-campus; however, nothing in this policy or other publications of the University is intended to represent the University as an insurer of any individual’s personal safety or security.  Ultimately, students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety and security.


4.1.4  The University prohibits retaliation by any University officer, employee, or agent against any individual for exercising their rights or fulfilling their responsibilities under any provision of the Clery Act.  Any such retaliation may be the basis for disciplinary action, up to and including dismissal.


== Additional References ==
== Additional References ==
: [http://policy.appstate.edu/Drugs_and_Alcohol Drugs and Alcohol Policy]


== Authority ==
== Authority ==
 
:[https://www2.ed.gov/admins/lead/safety/handbook.pdf U.S. Department of Education Handbook for Campus Safety & Security Reporting]
:[http://www.gpo.gov/fdsys/pkg/STATUTE-104/pdf/STATUTE-104-Pg2381.pdf Student Right-to-Know Act (Public Law 101-542)]
:[http://www.gpo.gov/fdsys/pkg/STATUTE-105/pdf/STATUTE-105-Pg123.pdf Higher Education Technical Amendments of 1991 (Public Law 102-26)]
:[http://www.gpo.gov/fdsys/pkg/STATUTE-107/pdf/STATUTE-107-Pg2457.pdf Higher Education Technical Amendments of 1993 (Public Law 103-208)]
:[http://www2.ed.gov/policy/highered/leg/hea08/index.html Higher Education Opportunity Act (HEOA) of 2008 (Public Law 110-315)]
:[http://www.gpo.gov/fdsys/pkg/BILLS-113s47enr/pdf/BILLS-113s47enr.pdf Violence Against Women Reauthorization Act of 2013]
:[http://www.gpo.gov/fdsys/granule/USCODE-2011-title20/USCODE-2011-title20-chap28-subchapIV-partF-sec1092f 20 U.S.C. 1092(f)]
:[http://www.gpo.gov/fdsys/pkg/USCODE-2011-title20/pdf/USCODE-2011-title20-chap28-subchapIV-partF-sec1094.pdf 20 U.S.C. 1094]
:[https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title34/34cfr668_main_02.tpl 34 CFR Part 668]
:[http://www.northcarolina.edu/apps/policy/index.php?pg=toc&id=s11 The UNC Policy Manual, The Code, Section 502]


== Contact Information ==
== Contact Information ==
:Clery Act Compliance Coordinator, 828.262.2150 or 828.262.8111


 
== Original Effective Date ==
== Effective Date ==
:October 1, 2011


== Revision Dates ==
== Revision Dates ==
:October 1, 2012
:October 1, 2013
:October 1, 2014
:October 1, 2015
:September 1, 2016
:September 27, 2017
:NOTE: From 2011 through 2015, this policy was updated annually and included the Campus Security and Fire Safety Annual Report in its entirety.  Beginning in 2016 (reporting 2015 crime and fire statistics), the University will publish its Clery Annual Report as a stand-alone document available as indicated in this policy.
:September 28, 2018
:November 5, 2021 - previously policy 301.4
[[Category:Contents]]
[[Category:Public_Safety]]
[[Category:Police]]

Latest revision as of 13:08, 3 October 2023

Policy 301.4

Introduction

1.1 This policy affirms Appalachian State University’s commitment to comply with the Jeanne Clery Disclosure of Campus Crime Statistics Act, hereafter called the “Clery Act,” and formerly known as the Crime Awareness and Campus Security Act of 1990 (Title II, Public Law 101-542), as amended.

Scope

2.1 This policy applies to all employees, students and prospective students of the University, whose main campus is located in Boone, North Carolina, as well as visitors to the campus or non-campus property.

2.2 In addition, all University policy statements, procedures and protocols apply to all employees, students, and visitors to Appalachian's four separate campuses, the Appalachian State University Hickory Campus, the Caldwell Center (located in Hudson, North Carolina, at Caldwell Community College and Technical Institute), the Hickory Center (located in Hickory, North Carolina, at the Catawba Valley Community College), and the Burke Center (located in Morganton, North Carolina, at the Foothills Higher Education Center), unless otherwise stated in the report.

Definitions

3.1 This policy incorporates by reference all definitions set forth in the most current version of the University’s Annual Campus Security & Fire Safety Report [1].

Policy and Procedure Statements

General Policy

4.1.1 It is the policy of Appalachian State University to publish by October 1st of each school year the Annual Campus Security & Fire Safety Report ("Annual Clery Report") that informs current and prospective students and employees of the security and fire safety policies, procedures and practices described in this policy. The Clery Compliance Coordinator is responsible for overseeing preparation and distribution of the Annual Clery Report. Coordination with many departments and agencies, such as Environmental Health, Safety and Emergency Management, Dean of Students, Student Conduct, University Housing, state law enforcement agencies and local police agencies, is required to compile the report.

4.1.2 The Chancellor shall review and approve the Annual Clery Report (including all policy statements contained therein) prior to its publication each year. The Annual Clery Report shall be published on the University Police Department website. The most current version of each Annual Clery Report is incorporated here by reference, as if set forth fully herein. Each member of the University community 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 other individuals 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.

4.1.3 Appalachian State University is committed to providing a safe learning, living and working environment. Members of the campus community are encouraged to use the Annual Clery Report as a guide for safe practices on and off-campus; however, nothing in this policy or other publications of the University is intended to represent the University as an insurer of any individual’s personal safety or security. Ultimately, students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety and security.

4.1.4 The University prohibits retaliation by any University officer, employee, or agent against any individual for exercising their rights or fulfilling their responsibilities under any provision of the Clery Act. Any such retaliation may be the basis for disciplinary action, up to and including dismissal.

Additional References

Drugs and Alcohol Policy

Authority

U.S. Department of Education Handbook for Campus Safety & Security Reporting
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)
Violence Against Women Reauthorization Act of 2013
20 U.S.C. 1092(f)
20 U.S.C. 1094
34 CFR Part 668
The UNC Policy Manual, The Code, Section 502

Contact Information

Clery Act Compliance Coordinator, 828.262.2150 or 828.262.8111

Original Effective Date

October 1, 2011

Revision Dates

October 1, 2012
October 1, 2013
October 1, 2014
October 1, 2015
September 1, 2016
September 27, 2017
NOTE: From 2011 through 2015, this policy was updated annually and included the Campus Security and Fire Safety Annual Report in its entirety. Beginning in 2016 (reporting 2015 crime and fire statistics), the University will publish its Clery Annual Report as a stand-alone document available as indicated in this policy.
September 28, 2018
November 5, 2021 - previously policy 301.4
Retrieved from "https://policy.appstate.edu/index.php?title=Clery_Act_Compliance_Policy&oldid=18140"