Difference between revisions of "Clery Act Compliance Policy"

Revision as of 15:02, 21 June 2011

1 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).

2 Scope

3 Definitions

3.1 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:

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

3.2 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.

3.3 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.

4 Policy and Procedure Statements

4.1 General Policy

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.

This University 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.

It is the policy of the University to publish by October 1st of each school year an annual Campus Security and Fire Safety Report that informs current students and employees of the security and fire safety policies, procedures and practices described in this policy. The annual Campus Security and Fire Safety Report will also disclose statistics from the previous three years concerning reported crimes listed under Definitions, section 2.01, above, that occurred: On-campus; in certain 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.

The Director of Public Safety and Risk Management is responsible for preparing and distributing the annual Campus Security and Fire Safety Report. Coordination with many departments and agencies, such as the Safety Office, Dean of Students, Student Conduct Office, University Housing, and local police agencies is required to compile the report. The annual Campus Security and Fire Safety Report is available on the Web at www.police.appstate.edu and at www.safety.appstate.edu. 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 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.

It is also the policy of the University 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 and Fire Safety Report as a guide for safe practices on and off-campus, 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. Students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety.

4.2 UNIVERSITY POLICE DEPARTMENT

The University Police Department is responsible for protecting life and property at the University by providing emergency and non-emergency law enforcement services, crime prevention, criminal investigations, emergency management and safety- related services. The department consists of twenty-six (26) full-time state commissioned police officers, five security officers, and ten civilian support staff. The University Police Department office is located in the parking deck at 461 Rivers Street. Should the need arise, our professional and courteous staff are ready to assist you twenty-four (24) 24 hours a day, seven days a week, including holidays.

University Police Authority and Jurisdiction

University Police officers are commissioned as law enforcement officers by the North Carolina Department of Justice, Criminal Justice Standards Division. Officers must meet all certification standards for police officers in the State of North Carolina. Officers have the power of arrest and are sworn to enforce statutes of North Carolina on University property and public roads passing through or immediately adjoining University property. To maintain their certification, officers must complete 24 hours of annual in-service training, which includes qualifying on all assigned firearms.

University security officers are not sworn, do not carry firearms and have no arrest authority. As University officials, they do have the authority to refer students who violate the Student Code of Conduct to the Student Conduct Office. Security officers conduct security checks of campus buildings, provide escorts, and assist police officers in providing crowd control and security during special events.

The University has standing mutual aid agreements with the Boone Police and Watauga County Sheriff’s Departments, which give our police officers off-campus arrest authority when operating under these agreements.

4.3 POLICY FOR REPORTING CRIMINAL INCIDENTS OR EMERGENCIES

The University Police Department is the primary contact point for the reporting of all campus emergencies and crimes. Officers responding to an emergency or crime will assess the situation and obtain additional assistance as needed.

The University requires employees (to the extent allowed under professional ethics constraints) and encourages students and visitors to promptly report crimes that occur on campus to the University Police Department, which has primary responsibility for security on campus. Professional and pastoral counselors are encouraged to report crimes to the University Police, 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 University Police.

Crimes and other police emergencies should be reported to the University Police by calling 828-262-8000 or by using one of the numerous Emergency Blue Light phones located throughout campus. Reports of crimes may be made to other campus security authorities as listed below: