Hickory Center Annual Report

Policy 301.4.3

Introduction

1.1 This document has been written to establish policy/ 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).

Scope

This policy applies to all employees, students, and visitors at the Appalachian Center at the East Campus of Catawba Valley Community College (Hickory Center) in Hickory, NC. The Hickory 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 Hickory Center. For Clery Act reporting purposes only, it is considered a separate campus. The Hickory Center 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

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. # 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. 
16. 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.

Geographical Report Locations

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

1. On-campus – the building and property is located at 2760 Hwy 70 SE, CVCC East Campus, Hickory, NC 28602. The facility is shared with CVCC East Campus.
2. Non-Campus Building or Property – there are currently no non-campus buildings or property as associated with the Hickory Center.
3. Public Property - all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the Hickory Center campus or immediately adjacent to and accessible from it.  
4. Residential Facilities – there are no residential facilities on the Hickory Center campus.

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 Hickory Center 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 ASU Police Department, but having responsibility for monitoring entrance into the property (CVCC Campus Security Officers)  
   3. The University Dean of Students;  
   4. The University Student Conduct Office;
   5. The Director of the Greater Hickory Partnership
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.  

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 University and Hickory Center 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 Hickory Center. 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 Hickory Center. 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, CVCC Campus Security Office and local police agencies was required to compile this report. The annual Campus Security Report for the Hickory Center is available on the Web at www.police.appstate.edu. Each member of the Hickory 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 Hickory Center 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 Hickory Center 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 The University Police Department has no jurisdiction on the Hickory Center and the Hickory Center does not employ any security officers. The CVCC Campus Safety and Security Office provides 24/7 protection to faculty, staff, students and property for the Hickory Center.  CVCC Security Officers are vested with full law enforcement powers and responsibilities accorded to police officers by the State of North Carolina. The officers are trained at state-approved police academies.

4.2.2 CVCC Security Officers are responsible for a full range of public safety services including investigation and reporting of all crimes committed on campus, responding to medical and fire emergencies, and enforcing state and local laws regarding the use of controlled substances, alcohol and weapons.

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 CVCC Campus to the Security Office at 828-327-7000, ext. 711 or 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, Greater Hickory Partnership	828-324-6966
Director, University Student Conduct	828-262-2704
University Dean of Students	828-262-2060

4.3.3 Campus security authorities will promptly refer all reportable offenses to the 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 referred to the University Police are investigated and the perpetrators are either referred for prosecuted, referred to the Office of Student Conduct for discipline under the Code of Student Conduct, or both. The North Carolina State Bureau of Investigation and other law enforcement agencies may assist with investigations upon request.

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.