2012 Caldwell Center Annual Report

Policy 301.4.2

Introduction

1.1 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).

Scope

2.1 This policy applies to all employees, students, and visitors at the Appalachian Center at 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 certain student and campus activities, including the following:

1. The Chief and 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);

1. The Dean of Students;
2. The Student Conduct Office;
3. The Director of the Greater Hickory Partnership

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.