Clery Act Policy and Crime Disclosure CSA 2009

Jeanne Clery Campus Security Policy & Crime Statistics Disclosure Act : 

Jeanne Clery Campus Security Policy & Crime Statistics Disclosure Act What you need to know if you are a Campus Security Authority at Hampton University

Clery Act? What’s That? : 

2 Clery Act? What’s That? Jeanne Clery was raped and murdered in her dorm room at Lehigh University in 1986. The law enacted in her memory is intended to ensure that students and others are informed about violent campus crimes so they can make informed decisions. The Clery Act requires that universities report crime statistics to current and prospective students and employees.

But what does it have to do with You? : 

3 But what does it have to do with You? Many crimes, especially sexual assaults, are not reported to police. The Clery Act requires that we gather and publish crime data to ensure that students and others know about dangers on campus. Data is collected from a wide variety of “Campus Security Authorities” – That’s where you come in.

What makes you a Campus Security Authority? : 

4 What makes you a Campus Security Authority? The law defines four categories of Campus Security Authority: University Police Non-police security staff responsible for monitoring University property People/offices designated under our policy as those to whom/which crimes should be reported “Officials with significant responsibility for student and campus activities” – that’s you

Responsible for campus security : 

5 Responsible for campus security Hampton University Police Department Non-police security staff who Monitor/control entrance to property All Residence Hall Staff Parking/Information Staff Building Security Staff T-Shirt Security Staff Provide special event security Provide campus safety escorts

Designated staff/units to whom crimes should be reported: : 

6 Designated staff/units to whom crimes should be reported: For emergencies & crimes-in-progress, call X-5666 or 9-1-1 (Hampton City) For non-emergency situations, report crimes to the Hampton University Police Department Campus: 727-5300 Alarm Desk: 727-5259 Other important numbers: Lt. Damon L. White: 727-5567 Campus Crime Prevention: 727-5567 damon.white@hamptonu.edu

How did you get to be a Campus Security Authority? : 

7 How did you get to be a Campus Security Authority? The last category of “Campus Security Authority” (or “CSA”) is defined broadly to ensure complete coverage and thorough reporting of crimes. Almost 200 HU staff and faculty are CSAs having “significant responsibility for student and campus activities” – including you.

Examples of “Campus Security Authorities”: : 

8 Examples of “Campus Security Authorities”: Deans, student housing staff, athletic coaches, student activities coordinators, student judicial officers, and faculty advisors to student organizations. Defined by function, not title: Significant responsibility for student AND campus activities Contact with students

Who ISN’T a Campus Security Authority? : 

9 Who ISN’T a Campus Security Authority? Administrative staff not responsible for students (e.g., payroll, facilities) Clerical staff Individual faculty who do NOT serve as an advisor to a registered student organization Doctors in the Student Health Center, or Counselors in the Counseling Center, who only provide care to individual students.

Who is EXEMPT from reporting requirements? : 

10 Who is EXEMPT from reporting requirements? Licensed professional mental health counselors and Pastoral counselors (employed by a religious organization to provide confidential counseling) Who are working within the scope of their license or religious assignment at the time they receive the crime report.

Confidential reporting option: : 

11 Confidential reporting option: HU encourages professional and pastoral counselors, although not required to report crimes, to tell victims about the Confidential Reporting Process. The counselor must make a judgment call: is it appropriate to discuss crime reporting in this particular situation? Confidential Reporting Process: Victims can report crimes confidentially (no names or criminal investigation) to the HUPD Anonymous Report, to be included in crime statistics.

So you’re a CSA – what do you have to do? : 

12 So you’re a CSA – what do you have to do? If someone tells you about a crime or an incident that may be a crime, you must record the information and submit a report. Just get the facts, experts will do the analysis Use the Dorm Incident Report form. When in doubt, report it! Questions? Contact Lt. T.R. Waldon, Clery Coordinator, 727-5947, or truman.waldon@hamptonu.edu

WHAT do you have to report? : 

13 WHAT do you have to report? These crimes must be reported (definitions follow): Criminal homicide Sex offenses, forcible & non-forcible Aggravated assault Robbery Burglary Motor vehicle theft Arson

WHAT do you have to report? (continued) : 

14 WHAT do you have to report? (continued) You must also report: Hate crimes, including any of the seven crimes listed above, or any other crime causing bodily injury, if motivated by hate Liquor, drug, and weapons – both arrests AND disciplinary referrals

Timing is critical : 

15 Timing is critical Be sure to document When the crime or incident occurred and When it was reported to you The law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to police

Location, location, location : 

16 Location, location, location A crime must be reported if it occurred On campus property In on-campus student residences (even if privately owned & operated) On public property adjacent to campus On certain off-campus property . . .

Location (continued) : 

17 Location (continued) Under the law, some off-campus locations are deemed so closely related to the University that crimes occurring at those locations are included in campus crime statistics. Examples: Crimes occurring at student organization properties and at University owned or controlled facilities “frequently used by students”

Location (continued) : 

18 Location (continued) These off-campus properties are termed “non-campus property,” defined by law to include: Property owned or controlled by HU (e.g. Hampton Harbors and Retail Shops) Property owned or controlled by a student organization registered with HU (e.g. a fraternity) Public property adjacent to campus (e.g. roads, parking lots, sidewalks)

Don’t include crimes not connected to HU : 

19 Don’t include crimes not connected to HU For example, A student tells you about a crime that occurred at a different college before he transferred to Hampton University; or A student reports an assault that happened while she was away from campus and not involved in a campus activity – e.g., at home on spring break, on vacation, or at a summer job with a private company

But DO tell the student about reporting options, and refer for help : 

20 But DO tell the student about reporting options, and refer for help For example, A student tells you that she was raped by another student at her off-campus apartment. Although the crime did not occur at a location covered by Clery reporting, the accused student IS subject to University disciplinary action for this off-campus conduct. In addition, the victim is eligible for campus assistance and resources.

Just get the facts : 

21 Just get the facts Police will categorize the report: your job is to get the information the person is willing to tell you. Remember: You are not a detective You don’t have to prove what happened or who was at fault, or classify the crime You aren’t supposed to find the perpetrator Use the report form, but DON’T identify the victim UNLESS she/he gives permission

Describe options : 

22 Describe options Let the person know about options for reporting to police Inform her/him about the Confidential Reporting process available through Campus Student Counseling Center BUT: The decision isn’t yours A person who talks to you may not want to talk to police – and doesn’t have to

Offer referrals to campus and other resources, including : 

23 Offer referrals to campus and other resources, including Campus victims’ assistance programs for sexual assault and other crimes - Counseling Center Available medical treatment Counseling services for students and staff Information packets are available from HU-Student Counseling Center and Campus Crime Prevention (CCP) Office

Document & report the facts : 

24 Document & report the facts Complete a Incident Report Form If the person does NOT want to report to police, inform her/him that you MUST report the incident as an anonymous statistic, but will not identify anyone involved. – you may need to wait until the reporting party leaves

Filling out the Incident Report form: : 

25 Filling out the Incident Report form: Available at the Dean of Men or Women's office Describe the incident or crime Answering questions on form will help police determine correct category Get as accurate and complete a description of what happened as you can Even incomplete information can help

The questions: : 

26 The questions: Is a violent crime in progress? (If so, call police immediately!) Has the victim sought or is the victim in need of assistance/services? What happened? How, when, and where did it happen? Is there an identified suspect? Has the incident been reported to police or to another CSA? Does the victim wish to remain anonymous?

Filling out the form: you’re not the expert, and you don’t have to be : 

27 Filling out the form: you’re not the expert, and you don’t have to be You don’t have to be a criminal lawyer or know the classification Just indicate the crime that seems most likely or possible The experts (the Police) will make the final determination and classify the crimes

Filling out the form: the crimes : 

28 Filling out the form: the crimes Criminal Homicide: murder, non-negligent manslaughter, and negligent manslaughter (including vehicular manslaughter) Aggravated Assault: unlawful attack upon another with intent to inflict severe injury, using weapon or means likely to produce death or great bodily harm

Filling out the forms: the crimes : 

29 Filling out the forms: the crimes Sex offenses, forcible and non-forcible Forcible sex offenses: rape, sodomy, sexual fondling, sexual assault with object Non-forcible: statutory rape and incest Questions re: sex offenses: Was crime committed forcibly/against victim’s will? Was victim incapable of giving consent because of temporary/permanent mental/physical incapacity, or because underage? Was assault facilitated by giving drugs/alcohol?

Filling out the form: the crimes : 

30 Filling out the form: the crimes Robbery: taking/attempting to take something by force, violence, threat, or by putting victim in fear Questions re: robbery Was force or a weapon used or threatened? Was victim injured? Did victim feel fearful, threatened or endangered?

Filling out the forms: the crimes : 

31 Filling out the forms: the crimes Burglary: unlawful entry into a structure to commit a felony or theft Questions re: Burglary Was item taken from inside dorm room, office, store, lab, or other structure? Was structure, room, store, or office open, closed, or locked? How did thief get into the structure/ room etc.?

Filling out the form: the crimes : 

32 Filling out the form: the crimes Motor vehicle theft: theft of automobiles, trucks, etc., including “joyriding” (taking by person without lawful access) Arson: willful or malicious burning/attempt to burn structure, vehicle, or personal property of another

Filling out the form: the crimes : 

33 Filling out the form: the crimes Hate crimes: any of the above crimes, or any other crime causing bodily injury (e.g. simple assault) where there is evidence both of hate motivation and that the victim was selected because of actual/perceived race, gender, religion, national origin, disability, or sexual orientation

Filling out the form: the crimes : 

34 Filling out the form: the crimes Hate crimes to property, questions: Was the target personal property, a personal residence, house of worship, or ethnic organization? Did the incident involve any expression of hatred (e.g. graffiti, comments) re: race, gender, ethnicity, religion, sexual orientation, or disability? Did any personal injury result from the incident? Report ANY vandalism to property of a religious, ethnic, gay or lesbian organization as a hate crime

Filling out the form: the crimes : 

35 Filling out the form: the crimes Liquor, drug, and weapon law violations: Police report statistics on arrests for liquor, drug, and weapons-related crimes Student housing and student judicial affairs report statistics on disciplinary referrals for drug, liquor, and weapon law violations (except when the student was also arrested for the same act) Statistics must reflect number of persons involved (head count), not just number of incidents

Help is at hand . . . : 

36 Help is at hand . . . Where to get more information HU Clery Report website: http://www.hamptonu.edu/CrimeStats1.htm Clery Manual website: http://www.ed.gov/offices/OPE/PPI/security.html Questions? Contact the HU Clery Act Coordinator, Lt. T.R. Waldon 727-5947 (phone); 727-5007 (fax) truman.waldon@hamptonu.edu (e-mail)