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== Introduction ==
University Policy 301.4


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. Introduction ==


== Scope ==
Appalachian State University (the “University”) is committed to maintaining a safe and secure campus environment in accordance with the Jeanne Clery Disclosure of Campus Crime Statistics Act (the “Clery Act”). The Clery Act requires institutions to disclose specified crime report statistics on and near campuses, provide other safety and crime information to the campus community in an accurate, complete, and timely manner, and maintain written policies and procedures implementing the Clery Act.


== 2. Scope ==


== Definitions  ==
'''2.1''' This policy applies to all employees, students, and visitors of the University’s main campus and the University’s Non-Campus Buildings or Property.


'''3.1 Definitions'''
'''2.2''' This policy does not address the University’s emergency notifications, which are addressed in University Policy 302.7 Emergency Notification System.


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:
== 3. Definitions  ==


1. '''Murder and Non-Negligent Manslaughter''' - the willful (non-negligent)killing of one human being by another.
'''3.1 Campus Security Authorities (“CSA”)'''
 
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.
University employees with required Clery Act Crime reporting obligations, which include:
 
<ol style="list-style-type:lower-alpha">
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.
<li>Campus law enforcement personnel;</li>
<li>Security personnel;</li>
<li>Any individual or organization specified in the University’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses;</li>
<li>Individuals with significant responsibilities for student and campus activities, including residence life staff, student conduct staff, athletic coaches, and advisors to student organizations.</li>
</ol>


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. 
'''3.2 Clery Act Crime'''


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.  
Four crime categories are designated as reportable under the Clery Act, which include:
<ol style="list-style-type:lower-alpha">
<li>Primary criminal offenses such as homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;</li>
<li>Hate crime offenses of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and any primary criminal offense motivated by bias against a person’s race, religion, sexual orientation, gender, ethnicity, national origin, disability, or gender identity;</li>
<li>Dating violence, domestic violence, and stalking; and (d) arrest and referral violations of liquor or drug laws and illegal weapon possession.</li>
</ol>


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.
'''3.3 Clery Geography'''
 
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.
Property owned, leased, or controlled by the University, which includes On-Campus Property, Non-Campus Buildings or Property, and public property within or immediately adjacent to the University’s main campuses. This includes thoroughfares, streets, sidewalks, and parking facilities within the main and separate campuses or immediately adjacent to and accessible from the main and separate campuses.


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)
'''3.4 Non-Campus Building or Property'''


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.
Any building or property owned or controlled by the University, or any building or property (other than a branch or separate 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 campus that may include sites utilized for University-sponsored travel.


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. 
'''3.5 On-Campus Property'''


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. 
Any building or property owned or controlled by the University within the contiguous geographic area of both main and branch campuses.  This also covers University-owned or controlled buildings used, even if operated by a third party and used by the University in direct support of or in a manner related to its educational mission.
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 Offenses are to be reported by separate geographical locations, as defined below (see the map at Appendix A for Main Campus boundaries)''':
== 4. Policy and Procedure Statements  ==


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.
'''4.1 Campus Security Authorities'''
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. 
4.1.1 University employees designated as CSAs are required to report any Clery Act Crimes within Clery Geography to the Appalachian Police Department (“APD”) within forty-eight (48) hours (2 business days).
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.


'''3.3 Other Important Definitions'''.
4.1.2 The Office of Access & Equity: Equal Opportunity (“EO”) is responsible for identifying and training CSAs. The University provides annual training on CSAs’ responsibilities and reporting requiremens in accordance with the Clery Act.
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: 
'''4.2 Crime & Fire Log'''
(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.  
4.2.1 All crimes should be reported to local law enforcement by calling 911 or APD by calling 28000 from a campus phone or 828-262-8000 from any phone or in-person 24 hours a day, seven days a week, including holidays.
 
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.
4.2.2 The University maintains a daily Crime Log and Fire Log to disclose information about criminal incidents, alleged criminal incidents, and fire incidents on our Clery Geography. A list of 60 days of activity on the Crime Log is available online or by request through APD. A list of 60 days of activity on the Fire Log is available online or by request through Environmental Health, Safety, and Emergency Management (“EHS&EM”).
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  ==
Crimes and fires may be temporarily withheld from the daily logs when disclosure would jeopardize the confidentiality and safety of a victim or the integrity of an ongoing investigation, cause a suspect to flee or evade, or result in the destruction of evidence.


=== Example policy 1 ===
'''4.3 Annual Security & Fire Report and Campus Security'''


4.3.1 EO is responsible for publishing the Annual Campus Security & Fire Safety Report (the “ASFSR”) by October 1 each year or as otherwise required by the U.S. Department of Education. The ASFSR informs the campus community about Clery Act Crime statistics, current Clery Geography, security, emergency, and fire safety policies, procedures, and practices over the prior three calendar years as outlined in state and federal statutes.


=== Example policy 2 ===
Crimes may be reported confidentially by a CSA solely for inclusion in the Clery Act Crime Statistics report. Confidential reports shall not trigger a criminal investigation unless substantial evidence suggests that a serious threat to members of the community exists.


'''4.4 Timely Warnings'''


== Additional References ==
4.4.1 In addition to applicable emergency notifications, a timely warning may be issued to alert the University regarding incidents affecting campus that may pose a serious or ongoing threat to the campus community.


== Authority ==
'''4.5 Missing Student Notifications for On-Campus Residential Students'''


4.5.1 Reports of missing students should be made to the APD who will immediately investigate all reports and will notify and cooperate with other law enforcement agencies, as necessary, to further the investigation.


== Contact Information ==
4.5.2 University Housing will make a report to the APD when it has been determined that a student who resides in on-campus residential housing has been missing for 24 hours. APD will inform the law enforcement agency that has jurisdiction, whether or not the student has registered a contact person.


4.5.3 For students under 18 years of age and not emancipated, the University will notify a custodial parent or guardian within 24 hours of the determination that a student who resides on-campus is missing, in addition to notifying any additional contact person designated by the student.


== Effective Date ==
== 5. Additional References ==
:[https://police.appstate.edu Appalachian State Police Department]
:[https://appsafety.appstate.edu Environmental Health, Safety and Emergency Management]
:[https://policy.appstate.edu/Equal_Opportunity Office of Access & Equity: Equal Opportunity]
:[https://housing.appstate.edu University Housing]


== Revision Dates ==
== 6. Authority ==
:Title IV of the Higher Education Act of 1965
:Title IX of the Education Amendments Act of 1972
:Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990
:Violence Against Women Act Reauthorization of 2013
:Institutional security policies and crime statistics (34 CFR § 668.46)
:Institutional fire safety policies and fire statistics (34 CFR § 668.49)
:Institutional and financial assistance information for students (20 U.S. Code § 1092)
 
== 7. Administrative Unit Contact ==
:[https://titleix.appstate.edu Office of Access & Equity: Equal Opportunity]<br>828-262-2144
:[https://police.appstate.edu Appalachian Police Department]<br>828-262-2150
:[https://appsafety.appstate.edu Environmental Health, Safety and Emergency Management]<br>828-262-4008
:[https://housing.appstate.edu University Housing]<br>828-262-2160
 
== History ==
'''Issued:'''
 
March 6, 2012
 
'''Revised:'''
 
June 23, 2012
 
April 24, 2014
 
December 8, 2015
 
June 21, 2017
 
July 31, 2018
 
March 2, 2020
 
August 14, 2020
 
November 4, 2022
 
December 18, 2024
 
[[Category:Contents]]
[[Category:Public_Safety]]
[[Category:Police]]

Latest revision as of 16:53, 8 January 2025

University Policy 301.4

1. Introduction

Appalachian State University (the “University”) is committed to maintaining a safe and secure campus environment in accordance with the Jeanne Clery Disclosure of Campus Crime Statistics Act (the “Clery Act”). The Clery Act requires institutions to disclose specified crime report statistics on and near campuses, provide other safety and crime information to the campus community in an accurate, complete, and timely manner, and maintain written policies and procedures implementing the Clery Act.

2. Scope

2.1 This policy applies to all employees, students, and visitors of the University’s main campus and the University’s Non-Campus Buildings or Property.

2.2 This policy does not address the University’s emergency notifications, which are addressed in University Policy 302.7 Emergency Notification System.

3. Definitions

3.1 Campus Security Authorities (“CSA”)

University employees with required Clery Act Crime reporting obligations, which include:

  1. Campus law enforcement personnel;
  2. Security personnel;
  3. Any individual or organization specified in the University’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses;
  4. Individuals with significant responsibilities for student and campus activities, including residence life staff, student conduct staff, athletic coaches, and advisors to student organizations.

3.2 Clery Act Crime

Four crime categories are designated as reportable under the Clery Act, which include:

  1. Primary criminal offenses such as homicide, sexual assault, robbery, aggravated assault, burglary, motor vehicle theft, and arson;
  2. Hate crime offenses of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and any primary criminal offense motivated by bias against a person’s race, religion, sexual orientation, gender, ethnicity, national origin, disability, or gender identity;
  3. Dating violence, domestic violence, and stalking; and (d) arrest and referral violations of liquor or drug laws and illegal weapon possession.

3.3 Clery Geography

Property owned, leased, or controlled by the University, which includes On-Campus Property, Non-Campus Buildings or Property, and public property within or immediately adjacent to the University’s main campuses. This includes thoroughfares, streets, sidewalks, and parking facilities within the main and separate campuses or immediately adjacent to and accessible from the main and separate campuses.

3.4 Non-Campus Building or Property

Any building or property owned or controlled by the University, or any building or property (other than a branch or separate 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 campus that may include sites utilized for University-sponsored travel.

3.5 On-Campus Property

Any building or property owned or controlled by the University within the contiguous geographic area of both main and branch campuses. This also covers University-owned or controlled buildings used, even if operated by a third party and used by the University in direct support of or in a manner related to its educational mission.

4. Policy and Procedure Statements

4.1 Campus Security Authorities

4.1.1 University employees designated as CSAs are required to report any Clery Act Crimes within Clery Geography to the Appalachian Police Department (“APD”) within forty-eight (48) hours (2 business days).

4.1.2 The Office of Access & Equity: Equal Opportunity (“EO”) is responsible for identifying and training CSAs. The University provides annual training on CSAs’ responsibilities and reporting requiremens in accordance with the Clery Act.

4.2 Crime & Fire Log

4.2.1 All crimes should be reported to local law enforcement by calling 911 or APD by calling 28000 from a campus phone or 828-262-8000 from any phone or in-person 24 hours a day, seven days a week, including holidays.

4.2.2 The University maintains a daily Crime Log and Fire Log to disclose information about criminal incidents, alleged criminal incidents, and fire incidents on our Clery Geography. A list of 60 days of activity on the Crime Log is available online or by request through APD. A list of 60 days of activity on the Fire Log is available online or by request through Environmental Health, Safety, and Emergency Management (“EHS&EM”).

Crimes and fires may be temporarily withheld from the daily logs when disclosure would jeopardize the confidentiality and safety of a victim or the integrity of an ongoing investigation, cause a suspect to flee or evade, or result in the destruction of evidence.

4.3 Annual Security & Fire Report and Campus Security

4.3.1 EO is responsible for publishing the Annual Campus Security & Fire Safety Report (the “ASFSR”) by October 1 each year or as otherwise required by the U.S. Department of Education. The ASFSR informs the campus community about Clery Act Crime statistics, current Clery Geography, security, emergency, and fire safety policies, procedures, and practices over the prior three calendar years as outlined in state and federal statutes.

Crimes may be reported confidentially by a CSA solely for inclusion in the Clery Act Crime Statistics report. Confidential reports shall not trigger a criminal investigation unless substantial evidence suggests that a serious threat to members of the community exists.

4.4 Timely Warnings

4.4.1 In addition to applicable emergency notifications, a timely warning may be issued to alert the University regarding incidents affecting campus that may pose a serious or ongoing threat to the campus community.

4.5 Missing Student Notifications for On-Campus Residential Students

4.5.1 Reports of missing students should be made to the APD who will immediately investigate all reports and will notify and cooperate with other law enforcement agencies, as necessary, to further the investigation.

4.5.2 University Housing will make a report to the APD when it has been determined that a student who resides in on-campus residential housing has been missing for 24 hours. APD will inform the law enforcement agency that has jurisdiction, whether or not the student has registered a contact person.

4.5.3 For students under 18 years of age and not emancipated, the University will notify a custodial parent or guardian within 24 hours of the determination that a student who resides on-campus is missing, in addition to notifying any additional contact person designated by the student.

5. Additional References

Appalachian State Police Department
Environmental Health, Safety and Emergency Management
Office of Access & Equity: Equal Opportunity
University Housing

6. Authority

Title IV of the Higher Education Act of 1965
Title IX of the Education Amendments Act of 1972
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1990
Violence Against Women Act Reauthorization of 2013
Institutional security policies and crime statistics (34 CFR § 668.46)
Institutional fire safety policies and fire statistics (34 CFR § 668.49)
Institutional and financial assistance information for students (20 U.S. Code § 1092)

7. Administrative Unit Contact

Office of Access & Equity: Equal Opportunity
828-262-2144
Appalachian Police Department
828-262-2150
Environmental Health, Safety and Emergency Management
828-262-4008
University Housing
828-262-2160

History

Issued:

March 6, 2012

Revised:

June 23, 2012

April 24, 2014

December 8, 2015

June 21, 2017

July 31, 2018

March 2, 2020

August 14, 2020

November 4, 2022

December 18, 2024

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