Building a compliant clery act program updated june3 2200

Building a Compliant
Clery Act Program
University of North Carolina System
June 4, 2014
Steven J. Healy
Michael N. Webster
Margolis Healy & Associates

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© Margolis Healy & Associates, LLC
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Today’s Roadmap
Why We’re Here
Clery Act
Backgroun
d
The
Requirements
Building Your
AFSSR
Q&A
SH

• From Tragedy comes Change!
• Jeanne was murdered April 5, 1986 at
Lehigh University in her residence hall room
• Connie and Howard believed that families
and prospective students hadn’t been
warned about history of crimes on campus
• The Clery family became ardent advocates
for changes in campus crime reporting laws
4
Jeanne Ann Clery
SH

Clery Act Chronology• 1986: Jeanne Clery murdered at Lehigh University
• 1988: Pennsylvania Act 73
• 1990: Federal Crime Awareness & Campus Security Act
• 1992: Campus Sexual Assault Victims’ Bill of Rights
• 1994: Campus Security Act Regulations
• 1998: Higher Education Act Amendments
• 1999: Clery Act Regulations Issued
• 2000: Campus Security Statistics Website
• 2002: Campus Sex Crimes Prevention Act
• 2005: ED’s Clery Handbook Published
• 2008: Higher Education Opportunity Act 2008
• 2009: Final Campus Safety Regulations
• 2011: New Handbook for Campus Safety & Security
Reporting
• 2013: VAWA Amendments to the Clery Act
• 2014: Negotiated Rule Making; Not Alone Report; OCR
Q&A MW

Laws, Regs, & Other
Stuff• Clery Act codified in 20 U.S.C. § 1092§ --
Institutional and financial assistance information
for students
− (f) Disclosure of campus security policy and
campus crime statistics
file://localhost/Users/stevenhealy/Documents/MHA/Clery
Compliance Documents/SaVE Act/Redline of Campus SaVE
Act.pdf
• Regs are published following “rulemaking” and
public
commentfile://localhost/Users/stevenhealy/Documents/MHA
/Clery Compliance Documents/SaVE Act/VAWA FINAL
consensus language 4-15-2014.doc
6
SH

Laws, Regs, & Other
Stuff
• Handbook published by WESTAT
http://www2.ed.gov/admins/lead/safety/ca
mpus.html
− WESTAT also provides periodic guidance
https://surveys.ope.ed.gov/security/HelpDesk
EmailView.aspx
− and Training http://www2.ed.gov/campus-
crime/HTML/cc_off/Contents.html
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SH

Enforcement
• ED Federal Student Aid Office, Clery
Compliance Division, conducts reviews to
evaluate compliance
− Initiated when a complaint is received
− A media event raises certain concerns
− An institution’s independent audit identifies
serious non compliance
− May coincide with state reviews performed by
the FBI’s Criminal Justice Information Service
(CJIS) Audit Unit.
MW

Enforcement
• Generally, two types of reviews:
− Part of a general program review of the
institution’s federal student aid programs;
− Focused strictly on Clery compliance and
be an on or off-site examination.
• Now, Compliance “Checks” in response to
media reports
MW

Enforcement
• The maximum fine for any single violation
is $35,000
• Largest single fine was the $385,000
(subsequently reduced to $250,000)
imposed on Salem International University
• The largest fine actually imposed was
$357,500 levied on Eastern Michigan
University
• Lincoln University (Jefferson City,
Missouri) recently fined $275,000
MW

The Landscape
A sea change –
• Renewed focus on sexual violence
• Activism by students, faculty, others
• Survivor courage
• Evolving legislation & guidance (Clery &
TIX)
• REALITY – The world is FLAT
11 SH

This is a TSUNAMI!
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Clery Act 101
• Publish & distribute an Annual Security Report
w/various policy statements, policies and statistics
(NLT October 1, each year)
• Provide ASR to current students & employees AND
inform prospective students & employees about it
• Submit crime statistics to U.S. Dept. of Education
• Provide timely warnings and emergency
notifications to the campus community
• Maintain a public, daily log of reported crimes
MW

MHA Checklist
• How we approach reviews --
− Examine each discrete policy
requirement/element
− Assess the ASR for compliance
− Look for proof of alignment between ASR &
practice
− Recommend ways to correct deficiencies
− MHA proprietary checklist is foundation
file://localhost/Users/stevenhealy/Documents/MHA/
Clery Compliance Documents/Checklists/ASR
Checklist_with VAWA.xls SH

I.Policies re: Prep of Annual Report and Access to
Campus
II.Policies re: campus law enforcement, security
awareness, & crime prevention programming
III.Drug and Alcohol Policies
IV.Policies re: SA, dating & domestic violence and
stalking (including Sex offender information)
V.Policies re: Emergency Response & Evac.
Procedures
VI.Missing Student Notification Procedures
VII.Daily Crime Log preparation & maintenance
VIII.Fire Safety Report & associated policies1
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About the Policies
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Preparation of the Annual
Report
• 668.46(b)(2) A statement of current
campus policies regarding procedures for
students and others to report criminal
actions or other emergencies occurring
on campus.
SH

Report
REPORTING CRIMES AND OTHER EMERGENCIES
The University has a number of ways for campus community
members and visitors to report crimes, serious incidents, and
other emergencies to the appropriate officials. Regardless of how
and where you decide to report these incidents, it is critical for the
safety of the entire campus community that you immediately
report all incidents so that University Police can investigate the
situation and determine if follow-up actions are required, including
issuing a Timely Warning or emergency notification.
LIST ways to report, including to:
University Police (and response)
Other offices designated by University
Other methods to report (BLP, apps, etc.)
Address CSAs
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Report
• 668.46(b)(2) A statement of current campus
policies regarding procedures for students and
others to report criminal actions or other
emergencies occurring on campus. This
statement must include the institution's policies
concerning its response to these reports,
including –
− 668.46(b)(2)(i) Policies for making timely
warning reports to members of the campus
community regarding the occurrence of crimes
described in para (c) (1) of this section
SH

Report
• 668.46(e)(1-3) An institution must, in a manner that
is timely and that withholds as confidential the
names and other identifying information of victims,
as defined in 42 U.S.C 13925(a)(20), and that will
aid in the prevention of similar crimes, report to the
campus community on crimes that are…
• TIMELY WARNING REPORTS – ECSU ALERT
− In an effort to provide timely notice to the campus
community in the event of a Clery Act crime that may pose
a serious or ongoing threat to members of the community,
the University Police issues “ECSU Alert.” The University
Police will generally issue Timely Warning Reports for the
following crimes… SH

Report
• 668.46(b)(2)(ii) Policies for preparing the annual
disclosure of crime statistics.
− The Clery Act Compliance Committee prepares this report
to comply with the Jeanne Clery Disclosure of Campus
Security and Crime Statistics Act using information
maintained by the University Police, information provided
by other University offices such as Student Affairs,
Residence Life, and other Campus Security Authorities
and information provided by the [your local] Police
Department . Each of these offices provides updated
policy and crime information.
− Describe contents, distribution, & availability of Report
MW

Report
• 668.46(b)(2)(iii) A list of the titles of each person or
organization to whom students and employees
should report the criminal offenses described in
para (c)(1) of this section for the purpose of making
timely warning reports and the annual statistical
disclosure. This statement must also disclose
whether the institution has any policies or
procedures that allow victim or witnesses to report
crimes on a voluntary, confidential basis for
inclusion in the annual disclosure of crime statistics,
and, if so, a description of those policies and
procedures.
MW

Report
If crimes are never reported, little can be done to help other
members of the community from also being victims. We
encourage University community member to report crimes
promptly to University Police and to participate in and support
crime prevention efforts. The University community will be
much safer when all community members participate in safety
and security initiatives.
Because certain information in police reports is subject to
disclosure by public records law, we cannot hold the entire
crime report in confidence. Confidential reports for purposes of
inclusion in the annual disclosure of crime statistics can
generally be made to other campus security authorities as
discussed in detail in this report.
MW

• 668.46(b)(2) Procedures for students and
others to report criminal actions and other
emergencies
• 668.46(b)(2)(i) Timely Warning Reports
• 668.46(b)(2)(ii) Policies for preparing the
Annual Report
• 668.46(b)(2)(iii) List of titles where people
should report (for the purposes of TWR &
annual disclosure) + information about
Voluntary, Confidential reporting2
4
Review of 668.46b(2)
MW

• 668.469(b)(3) A statement of current policies
concerning security of and access to
campus facilities, including campus
residences, and security considerations
used in the maintenance of campus facilities.
2
5
Security of & Access to
Campus
25 MW

• The University’s campus, administrative buildings
are open from 8:00 a.m. until 5:00 p.m., Monday
through Friday, and academic buildings generally
are open from 7:00 a.m. until 7:00 p.m. Academic
buildings are scheduled to be open on weekends
only as needed...
Security Considerations in the Maintenance of
Campus Facilities
• The University is committed to campus safety and
security. On campus, locks, landscaping and
outdoor lighting are designed for safety and
security…2
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Security of & Access to
Campus
26 MW

• 668.46(b)(4) A statement of current
policies concerning campus law
enforcement that –
− Addresses the enforcement authority and jurisdiction
of security personnel;
− Addresses the working relationship of campus security
personnel with State and local police agencies,
including –
 Whether those security personnel have the authority
to make arrests; and
 Any agreements, such as written memoranda of
understanding between the institution and such
agencies, for the investigation of alleged criminal
offenses.2
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Campus Law Enforcement
Policies
SH

University Police protects and serves the
campus community 24 hours a day, 365 days
a year. The Department is responsible for a
number of campus safety and security
programs including Community Safety and
Security Education, physical security,
including security technology, behavioral
threat assessment, and special event
management…
2
8
Policies
SH

University Police officers are commissioned under
the North Carolina law and have the same authority
as municipal police officers in North Carolina, being
authorized to carry firearms and empowered to
make arrests. All criminal incidents are investigated
by the University Police and/or in conjunction with
the [your local] Police Department or County
Sheriff’s Office. We encourage all campus
community members to immediately report all
crimes that occur on campus or University property
to the University Police.
2
9
Policies
SH

The University Police maintains a cooperative
relationship with the State Bureau of Investigations,
[your local] Police Department, County Sheriff’s
Department and surrounding police agencies. This
includes joint training programs, special events
coordination, and the investigation of serious crimes.
The University has Mutual Aid Agreements with local
law enforcement agencies that authorizes police
officers and supervisors of the participating agencies
to request mutual aid for incidents based upon a
reasonable belief that such aid will enhance the
public’s and/or officer safety and efficiency.
• ADD LANGUAGE ABOUT INVESTIGATING CRIMES3
0
Policies
SH

• 668.46(b)(4)(iii) Encourages accurate and
prompt reporting of all crimes to the
campus police and the appropriate police
agencies, when the victim of a crime elects
to or is unable to make such a report;
We encourage all campus community members to
immediately report all crimes that occur on campus or
University property to the University Police at xxx-xxx-xxxx
or at the Police Department offices at xxx Any Where Street.
You can also report incidents online at www.xxx.edu
3
1
Policies
SH

• 668.46(b)(4)(iv) Describes procedures, if
any, that encourage pastoral counselors
and professional counselors, if and when
they deem appropriate, to inform the
persons they are counseling of any
procedures to report crimes on a voluntary,
confidential basis for inclusion in the
annual disclosure of crime statistics.
3
2
Policies
SH

Pastoral and Professional Counselors
The University does not have procedures
that encourage pastoral and professional
counselors, at their discretion, to inform
those they counsel to report crimes on a
voluntary, confidential manner for the
purposes of collecting crime statistics. As
previously disclosed, the University has
limited procedures for voluntary, confidential
reporting.
3
3
Policies
SH

• 668.46(b)(5) A description of the type and
frequency of programs designed to inform
students and employees about campus
security procedures and practices and to
encourage students and employees to be
responsible for their own security and the
security of others.
3
4
Security Awareness
Programs
MW

Safety Awareness Programs
In an effort to promote safety awareness, the University
Police maintains a strong working relationship with the
community. This relationship includes offering a variety of
safety and security programs. If you or your organization
would like to request a specific program, please contact
University Police at (xxx) xxx-xxxx. Below are some of the
programs and services available:
List Programs here….and ensure you list the frequency
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5
Security Awareness
Programs
MW

• 668.46(b)(6) A description of programs
designed to inform students and employees
about the prevention of crimes.
3
6
Crime Prevention
Programs
MW

Crime Prevention Programming
Several offices at the University offer crime
prevention programming aimed at teaching campus
community members how to prevent crime and
reduce risk. Below you will find a list of the many
programs offered throughout the year.
List your institution’s programs here. Remember,
these are programs offered by the University, not
just the Police Department.
3
7
Crime Prevention
Programs
MW

• 668.46(b)(7) A statement of policy
concerning the monitoring and recording
through local police agencies of criminal
activity by students at noncampus
locations of student organizations
officially recognized by the institution,
including student organizations with
noncampus housing facilities. (wording
changed in draft regs)
3
8
Monitoring &
Recording
MW

The University relies on its close working relationships
with local law enforcement agencies to receive
information about incidents involving students and
recognized student organizations, on and off campus.
In coordination with local law enforcement agencies,
the University Police will actively investigate certain
crimes occurring on or near campus. If the University
Police learns of criminal activity involving students or
student organizations, it will coordinate with the
appropriate external law enforcement agency to
forward information about the situation to the Office of
Student Conduct, as appropriate.3
9
Monitoring &
Recording
MW

• 668.46(b)(8) A statement of policy regarding the
possession, use and sale of alcoholic beverage
and enforcement of State underage drinking laws.
• 668.46(b)(9) A statement of policy regarding the
possession, use, and sale of illegal drugs and
enforcement of Federal and State drug laws
• 668.46(b)(10) A description of any drug or alcohol-
abuse education programs, as required under
section 120(a) through (d) of the HEA. For the
purpose of meeting this requirement, an institution
may cross-reference the materials the institution
uses to comply with section 120(a) through (d) of
the HEA.4
0
Drug & Alcohol
Policies
MW

POLICIES GOVERNING ALCOHOL AND OTHER DRUGS
Federal law requires the University to notify annually all faculty,
staff, and students that the University prohibits the unlawful
possession, use, manufacture or distribution of alcohol or
controlled substances by students, faculty, staff, and guests in
buildings, facilities, grounds or property controlled by the
University or used as part of University activities. For students,
this includes prohibiting the possession and consumption of
any beverage containing alcohol in a residence hall room. In
addition, the smoking of any material is prohibited in all
University facilities.
− List all policies re: Drugs & Alcohol
− If you elect to cross-reference, ensure your DFSCR notices
are compliant4
1
Drug & Alcohol
Policies
MW

• Useful information regarding the Drug Free Schools
and Communities Act (DFSCA) and the Drug Free
Schools and Campuses Regulations
− http://counsel.cua.edu/fedlaw/dfsca.cfm
− http://www.naicu.org/docLib/20100108_DrugAlco
holAbuseRegs.pdf
− file://localhost/Users/stevenhealy/Documents/MH
A/Clery Compliance Documents/Drug Free
Schools/DFSCR_compliance-checklist.pdf
4
2
Drug & Alcohol
Policies
MW

regarding emergency response and
evacuation procedures, as described in
paragraph (g) of this section.
• 668.46(g) Emergency response and
evacuation procedures. An institution
must include a statement of policy
regarding its emergency response and
evacuation procedures in the annual
security report. This statement must
include -
4
3
ER&E
SH

• Required Elements:
− Emergency Notification
− 668.46(g)(6) The institution's procedures to test the
emergency response and evacuation procedures on at
least an annual basis, including –
 668.46(g)(6)(i) Tests that may be announced or
unannounced;
 668.46(g)(6)(ii) Publicizing its emergency response and
evacuation procedures in conjunction with at least one
test per calendar year; and
 668.46(g)(6)(iii) Documenting, for each test, a description
of the exercise, the date, time, and whether it was
announced or unannounced.4
4
ER&E
SH

• Emergency Notifications – Required Policy
Elements
− 668.46(g)(1) The procedures the institution will
use to immediately notify the campus community
upon the confirmation of a significant emergency
or dangerous situation involving an immediate
threat to the health or safety of students or
employees occurring on the campus;
4
5
ER&E
SH

• Emergency Notifications – Required Policy Elements
− 668.46(g)(2) A description of the process the
institution will use to --
 668.46(g)(2)(i) Confirm the Existence of a Significant
Emergency or Dangerous Situation and Initiating the
Emergency Notification System
 668.46(g)(2)(ii) Determine the Appropriate Segment or
Segments of the Campus Community to Receive an
Emergency Notification
 668.46(g)(2)(iii) Determine the Contents of the
Emergency Notification
 668.46(g)(2)(iv) Initiate the notification system4
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ER&E
SH

Elements
− 668.46(g)(3) A statement that the institution will,
without delay, and taking into account the safety
of the community, determine the content of the
notification and initiate the notification system,
unless issuing a notification will, in the
professional judgment of responsible authorities,
compromise efforts to assist a victim or to
contain, respond to, or otherwise mitigate the
emergency
4
7
ER&E
SH

Elements
− 668.46(g)(4) A list of titles of the person or
persons or organization or organizations
responsible for carrying out the actions described
in paragraph (g)(2) of this section
− 668.46(g)(5) The institution's procedures for
disseminating emergency information to the
larger community
− Enrolling in the University’s Emergency
Notification System (not required, but
suggested)4
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ER&E
SH

Emergency Management at My University
The Office of Emergency Management is responsible for the
Emergency Operations Plan (EOP). This plan is designed to
be an all-hazards disaster response and emergency
management plan that includes planning, mitigation, response,
and recovery actions.
Our priorities are:
1. xx
2. xx
3. xx
4
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ER&E
SH

• EMERGENCY RESPONSE AND EVACUATION
PROCEDURES
− file://localhost/Users/stevenhealy/Documents/MHA/Cl
ery Compliance Documents/TWR & Emergency
Notification/Emergency
Notification/Sample_Emergency_Notification_policy_
1.pdf
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0
ER&E
SH

5
1
10 Minute Break

regarding missing student notification
procedures, as described in paragraph (h) of
this section.
• 668.46(h)(1) An institution that provides any
on-campus student housing facility must
include a statement of policy regarding
missing student notification procedures for
students who reside in on-campus student
housing facilities in its annual security
report. This statement must --
5
2
Missing Student Notification
Procedures
MW

• http://counsel.cua.edu/missing.cfm
• http://www.ecsu.edu/universitypolice/docs/annu
al_safety_fire_report.pdf
5
3
Missing Student Notification
Procedures
MW

• 668.46(f)(1) An institution that maintains a
campus police or a campus security
department must maintain a written, easily
understood daily crime log that records, by
the date the crime was reported, any crime
that occurred on campus, on a noncampus
building or property, or within the patrol
jurisdiction of the campus police or the
campus security department and is reported
to the campus police or the campus security
department. This log must include-5
4
The Daily Crime Log
SH

• 668.46(f)(1)(i) The nature, date, time, and general
location of each crime;
• 668.46(f)(1)(ii) The deposition of the complaint, if
known.
• 668.46(f)(2) The institution must make an entry or an
addition to an entry to the log within two business
days, as defined under paragraph (a) of this section,
of the report of the information to the campus police
or the campus security department, unless that
disclosure is prohibited by law or would jeopardize the
confidentiality of the victim.
5
5
The Daily Crime Log
SH

• 668.46(f)(3)(i) An institution may withhold information
required under paragraphs (f)(1) and (2) of this
section…(under certain circumstances)
• 668.46(f)(3)(i)(A) Jeopardize and ongoing criminal
investigation or the safety of an individual;
• 668.46(f)(3)(i)(B) Cause a suspect to flee or evade
detection; or
• 668.46(f)(3)(i)(C) Result in the destruction of
evidence.
• 668.46(f)(3)(ii) The institution must disclose any
information withheld under paragraph (f)(3)(I) of this
section once the adverse effect described in that
paragraph is no longer likely to occur.5
6
The Daily Crime Log
SH

• 668.46(f)(4) An institution may withhold under
paragraphs (f)(2) and (3) of this section only that
information that would cause the adverse effects
described in those paragraphs.
• 668.46(f)(5) The institution must make the crime
log for the most recent 60-day period open to
public inspection during normal business hours.
The institution must make any portion of the log
older than 60 days available within two business
days of a request for public inspection
5
7
The Daily Crime Log
SH

• Contains All Reported Crimes
• Logged Only if Reported to Police/Security
• Logged as soon as it is reported
• May Include Wider Geographic Area
 On Campus Buildings and Property
 Non-Campus
 Public Property
 Department Patrol Jurisdiction
5
8
Crime Log – Reporting
Requirements
SH

• Nature Of The Crime
• Date/Time Occurred
• Date/Time Reported
5
9
• General Location
• Disposition
• Recorded in
Order Received
Daily Crime Log Must
Include
SH

• UCR Definitions Not Required
• State Crime Categories Permissible
 Use Easily Understood Definitions
 “Simple Assault” or “Rape”
 Don’t Use State Penal Codes or Citation
Numbers
• Detailed Description Desirable
 Who Involved And What Happened
6
0
The Nature of the Crime
60 SH

• Use a Meaningful Description
• Be Specific Enough – Not Generic
• Do Not Disclose Personally Identifying
information
6
1
General Location
SH

• Include Status – if Known
 Open
 Pending
 Closed
 Disciplinary Referral
 Unfounded
• Log Can Only Be Updated
 Do Not Delete Entries
 Recorded within 2 Business Day of Report
 Update Entries for 60 Days After Reported
6
2
Disposition of the
Complaint
SH

• Hard or Electronic Copy
• On-Site at Each Campus
• Most Recent 60 Days
• During Normal Business Days/Hours
• Within 2 Business Days of a Request
6
3
Making The Log
Available
SH

Daily Crime and Fire Log
University Police maintains a combined Daily Crime and Fire
Log of all incidents reported to the Department. University
Police publishes an activity log every day, which is available
to members of the press and public. This log identifies the
type, location, and time of each criminal incident reported to
University Police.
The most current 60 days of information is available in the
lobby of the University Police Building located at the xx
Building on xx Drive. Upon request a copy of any maintained
Daily Crime and Fire Log will be made available for viewing,
within 48 hours of notice. The Daily Crime and Fire Log is
also displayed on the University Police webpage seen
below…6
4
The Daily Crime Log
Statement
SH

6
5
Sample Public Crime Log
SH

6
6
66 SH

• 668.46 (c) Crimes that must be reported
and disclosed. An institution must report to
the Department and disclose in its annual
security report statistics for the three most
recent calendar years concerning the
number of each of the following crimes
that occurred on or within its Clery
Geography and that are reported to local
police agencies or to a campus security
authority:
6
7
Disclosing Crime Data
SH

• 668.46(c)(2)(i) An institution must include
in its crime statistics all crimes reported to
a campus security authority for purposes
of Clery Act reporting. Clery Act reporting
does not require initiating an investigation
or disclosing identifying information about
the victim, as defined in 42 U.S.C.
13925(a)(20).
• 668.46(c)(2)(ii) An institution may not
withhold, or subsequently remove, a
reported crime from its crime statistics
based on a decision by a court, coroner,
jury, prosecutor, or other similar6
8
Disclosing Crime Data
SH

When is a Crime Considered
“Reported?”
“A crime is reported when it is brought to the
attention of a campus security authority or the
local police by a victim, witness, other third party,
or even the offender.”
• An institution must disclose crime reports
regardless of whether any of the individuals
involved in either the crime itself, or in the
reporting of the crime, are associated with
the institution.
6
9
SH

When is a Crime Considered
“Reported?”
• 668.46(c)(2) All reported crimes must be recorded.
• 668.46(c)(2)(i) An institution must include in its crime
statistics all crimes reported to a campus security
authority for purposes of Clery Act reporting. Clery Act
reporting does not require initiating an investigation or
disclosing identifying information about the victim, as
defined in 42 U.S.C. 13925(a)(20). (new language
from draft regs)
• 668.46(c)(2)(ii) An institution may not withhold, or
subsequently remove, a reported crime from its crime
statistics based on a decision by a court, coroner, jury,
prosecutor, or other similar noncampus official. (new)
7
0
SH

1. Primary Crimes
2. Arrests & disciplinary action
3. Hate Crimes
4. Dating Violence, Domestic Violence &
Stalking
7
1
4 General Categories
SH

1. Criminal Homicide
• Murder & Non-
Negligent
Manslaughter
• Negligent
Manslaughter
2. Sex Offenses
• Rape
• Fondling
• Incest
• Statutory rape
3. Robbery
4. Aggravated Assault
5. Burglary
6. Motor Vehicle Theft
7. Arson
+ Arrests/Referrals
+ Hate Crimes
+
Domestic Violence
Dating Violence
Stalking7
2
7 Clery Act Crimes
7
2
SH

7
3
• 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.
 Rape
 Fondling
 Incest
 Statutory Rape
Ensure you classify offenses according to most recent
Handbook and/or Regs
Sex Offenses
SH

• Illegal weapons possession
• Violations of drug laws
• Violations of liquor laws
7
4
Arrests & Referrals for Disciplinary
Action
SH

The referral of any person to any
campus official who initiates a
disciplinary action of which a
record is kept and which may
result in the imposition of a
sanction.
7
5
Definition of Referrals
SH

• Receiving official must
 initiate disciplinary action
 record must be kept
• Not necessary that referrals
 originate with police or that
 a sanction be imposed
• Count referrals
 within required geographic areas
 weapons, drug, and liquor law violations separately
 Educational & counseling sanctions count
• Do Not combine statistics for arrests and referrals7
6
Important Elements of Referrals
76 SH

• Include any of the above crimes that manifest
evidence that the victim was intentionally selected
because of the perpetrator’s bias.
 Race
 Gender
 Religion
 National Origin (new)
 Sexual Orientation
 Gender Identity (new)
 Ethnicity
 Disability7
7
Hate Crimes
77 SH

• Also include any of these crimes that manifest
evidence that the victim was intentionally
selected because of the perpetrator’s bias.
 Larceny-Theft
 Simple Assault
 Intimidation
 Destruction/Damage/Vandalism of Property
(Except Arson)
 Any Other Crime Involving Bodily Injury
7
8
Hate Crimes
SH

• 668.46(c)(9)(ii) In counting sex offenses,
the Hierarchy Rule does not apply. For
example, if a victim is both raped and
murdered in a single incident, then an
institution must include both the rape and
the murder in its statistics.
7
9
Hierarchy Rule Exceptions: Sex
Offenses
SH

• Domestic violence – 42 USC § 13925(a)(6)/(8)
 The term "domestic violence" includes felony or
misdemeanor crimes of violence committed by a
current or former spouse or intimate partner of the
victim, by a person with whom the victim shares a
child in common, by a person who is cohabitating
with or has cohabitated with the victim as a spouse
or intimate partner, by a person similarly situated to a
spouse of the victim under the domestic or family
violence laws of the jurisdiction receiving grant
monies, or by any other person against an adult or
youth victim who is protected from that person's acts
under the domestic or family violence laws of the
jurisdiction.8
0
Collecting and Disclosing Crime
Data
MW

• Dating violence – 42 USC § 13925(a)(8)/(10)
 The term "dating violence" means violence committed by a
person--
(A) who is or has been in a social relationship of a romantic or
intimate nature with the victim; and
(B) where the existence of such a relationship shall be
determined based on a consideration of the following
factors:
(i) The reporting party’s statement;
(ii) The length of the relationship;
(iii) The type of relationship;
(iv) The frequency of interaction between the persons involved in the
relationship.
8
1
Data
MW

• Stalking – 42 USC § 13925(a)(24)/(30)
 The term "stalking" means engaging in a
course of conduct directed at a specific
person that would cause a reasonable
person to—
(A) fear for his or her safety or the safety of
others; or
(B) suffer substantial emotional distress.
8
2
Data
MW

• When recording stalking by location, an institution
must follow the requirements in paragraph (c)(6) of
this section.
• 668.46(c)(6)(i) When recording reports of stalking
that include activities in more than one calendar
year, an institution must record a crime statistic
only for the calendar year in which the course of
conduct was first reported to a local police agency
or to a campus security authority. If the course of
conduct continues in a subsequent year, it must be
recorded for that year.
8
3
Data
MW

• 668.46(c)(6)(ii) An institution must record each report of
stalking as occurring at only the first location within the
institution’s Clery Geography in which:
• 668.46(c)(6)(ii)(A) A perpetrator engaged in the stalking
course of conduct; or
• 668.46(c)(6)(ii)(B) A victim first became aware of the
stalking.
• 668.46(c)(6)(iii) A report of stalking must be counted as a
new and distinct crime and is not associated with a
previous report of stalking when the stalking behavior
continues after an official intervention including, but not
limited to, an institutional disciplinary action or the issuance
of a no-contact order, restraining order or any warning by
the institution or a court.8
4
Data
MW

• Do not differentiate between attempted
and completed crimes.
• Only exception - attempted murder
 Classify as aggravated assaults rather
than homicides.
8
5
Attempted Crimes
MW

• Unfounded Crimes
 If an investigation shows that no offense
occurred nor was attempted, the reported
offense can be “unfounded” for UCR
purposes
 Only sworn law enforcement may “unfound”
a crime
8
6
MW
Unfounding Crimes

• Status (student, non-student, employee)
of victim and or perpetrator is irrelevant
• Statistics must not identify alleged victim
or perpetrator
• VAWA amendments specifically state
that Timely Warning Reports must
“withhold(s) the names of victims as
confidential”
8
7
Personal Identification
Elements
MW

• Fire Safety Standards and Measures
 Annual Fire Safety Report on student
housing, including statistics on:
 # of fires and cause;
 # of injuries that result in treatment at
a medical facility;
 # of deaths related to a fire; and,
 Value of property damaged by a fire;
8
8
Fire Safety Requirements
MW

• Annual Fire Safety Report (con’t)
 Description of on-campus student housing
facility fire safety system;
 # of mandatory supervised fire drills;
 Policies or rules on electrical devices,
smoking, etc. & fire safety education
programs;
 Future improvements planned
8
9
Fire Safety Requirements
MW

• Current Information to Campus
Community
 Fire Safety Log
 All fires in on-campus student housing, including
nature, date, time, and general location;
 Annual report to the community on such fires
 You may combine the Fire Safety Log with
the Daily Crime log
9
0
Fire Safety
Requirements
MW

9
1
LUNCH

• A cautionary note:
• Regs are in DRAFT form
• Nevertheless, institutions are still
required to make a good faith effort to
comply
• https://surveys.ope.ed.gov/security/imag
es/Instructions/EA Clery and VAWA
final.pdf
9
2
VAWA Amendments
MW

regarding the institution's programs to
prevent dating violence, domestic
violence, sexual assault, and stalking and
of procedures that the institution will follow
when one of these crimes is reported.
The statement must include--
9
3
VAWA Amendments
MW

VAWA Amendments
• 668.46(b)(11)(i) A description of the
institution’s educational programs and
campaigns to promote the awareness of
dating violence, domestic violence, sexual
assault, and stalking, as required by
paragraph (j) of this section;
94
MW

VAWA Amendments
• 668.46(b)((11)(ii) Procedures victims should follow
if a crime of dating violence, domestic violence,
sexual assault, or stalking has occurred, including
written information about–
• 668.46(b)(11)(ii)(A) The importance of preserving
evidence that may assist in proving that the alleged
criminal offense occurred or may be helpful in
obtaining a protection order;
• 668.46(b)(11)(ii)(B) How and to whom the alleged
offense should be reported;
95
MW

VAWA Amendments
• 668.46(b)((11)(ii) Procedures victims should follow
if a crime of dating violence, domestic violence,
sexual assault, or stalking has occurred, including
written information about–
• 668.46(b)(11)(ii)(A) The importance of preserving
evidence that may assist in proving that the alleged
criminal offense occurred or may be helpful in
obtaining a protection order;
• 668.46(b)(11)(ii)(B) How and to whom the alleged
offense should be reported;
96
MW

VAWA Amendments
• 668.46(b)(11)(ii)(C) Options about the involvement
of law enforcement and campus authorities,
including notification of the victim’s option to–
• 668.46(b)(11)(ii)(C)(1) Notify proper law
enforcement authorities, including on-campus and
local police;
• 668.46(b)(11)(ii)(C)(2) Be assisted by campus
authorities in notifying law enforcement authorities
if the victim so chooses; and
• 668.46(b)(11)(ii)(C)(3) Decline to notify such
authorities; and
97
MW

VAWA Amendments
• 668.46(b)(11)(ii)(D) Where applicable, the
rights of victims and the institution’s
responsibilities for orders of protection, no
contact orders, restraining orders, or similar
lawful orders issued by a criminal, civil, or
tribal court or by the institution.
98
MW

VAWA Amendments
• 668.46(b)(11)(iii) Information about how the institution
will protect the confidentiality of victims and other
necessary parties, including how the institution will—
• 668.46(b)(11)(iii)(A) Complete publicly available
record-keeping and, for purposes of Clery Act reporting
and disclosure, without the inclusion of identifying
information about the victim, as defined in 42 U.S.C.
13925(a)(20); and
• 668.46(b)(11)(iii)(B) Maintain as confidential any
accommodations or protective measures provided to
the victim, to the extent that maintaining such
confidentiality would not impair the ability of the
institution to provide the accommodations or protective
measures. 99
MW

VAWA Amendments
• 668.46(b)(11)(iv) A statement that the
institution will provide written notification to
students and employees about existing
counseling, health, mental health, victim
advocacy, legal assistance, visa and
immigration assistance, and other services
available for victims, both within the
institution and in the community;
100
MW

VAWA Amendments
• 668.46(b)(11)(v) A statement that the institution
will provide written notification to victims about
options for, and available assistance in,
changing academic, living, transportation, and
working situations. The institution must make
such accommodations if the victim requests
them and if they are reasonably available,
regardless of whether the victim chooses to
report the crime to campus police or local law
enforcement.
101
MW

VAWA Amendments
• 668.46(b)(11)(vi) An explanation of the
procedures for institutional disciplinary action
in cases of alleged dating violence, domestic
violence, sexual assault, or stalking, as
required by paragraph (k) of this section; and
102
MW

VAWA Amendments
• 668.46(b)(11)(vii) A statement that, when a
student or employee reports to the institution
that the student or employee has been a
victim of dating violence, domestic violence,
sexual assault, or stalking, whether the
offense occurred on or off campus, the
institution will provide the student or
employee a written explanation of the
student’s or employee’s rights and options,
as described in paragraphs (b)(11)(ii)
through (vi) of this section.
103
MW

VAWA Amendments
• 668.46(j) Programs to prevent dating
violence, domestic violence, sexual assault,
and stalking. As required by paragraph
(b)(11) of this section, an institution must
include in its annual security report a
statement of policy that addresses the
institution’s programs to prevent dating
violence, domestic violence, sexual assault,
and stalking.
104
MW

VAWA Amendments
• 668.46(j) The statement must include–
• 668.46(j)(1)(i) A description of the institution’s
primary prevention and awareness programs for all
incoming students and new employees, which must
include—
• 668.46(j)(1)(i)(A) A statement that the institution
prohibits the crimes of dating violence, domestic
violence, sexual assault, and stalking;
• 668.46(j)(1)(i)(B) The definition of “dating violence,”
“domestic violence,” “sexual assault,” and “stalking”
in the applicable jurisdiction;
105
MW

VAWA Amendments
• 668.46(j)(1)(i)(C). The definition of “consent,” in reference
to sexual activity, in the applicable jurisdiction;
• 668.46(j)(1)(i)(D) A description of safe and positive
options for bystander intervention;
• 668.46(j)(1)(i)(E) Information on risk reduction; and
• 668.46(j)(1)(i)(F) The information described in
paragraphs (b)(11) and (k)(2).
• 668.46(j)(1)(ii) A description of the institution’s
ongoing prevention and awareness campaigns for
students and employees, including information
described in paragraph (j)(1)(i)(A) through (j)(1)(i)(F).
106
MW

VAWA Amendments
• 668.46(j)(2) For the purposes of this
paragraph–
• 668.46(j)(2)(i) Awareness programs means
community-wide or audience-specific
programming, initiatives, and strategies that
increase audience knowledge and share
information and resources to prevent violence,
promote safety, and reduce perpetration.
107
MW

VAWA Amendments
• 668.46(j)(2)(ii) Bystander intervention means safe
and positive options that may be carried out by an
individual or individuals to prevent harm or intervene
when there is a risk of dating violence, domestic
violence, sexual assault, or stalking. Bystander
intervention includes recognizing situations of
potential harm, understanding institutional structures
and cultural conditions that facilitate violence,
overcoming barriers to intervening, identifying safe
and effective intervention options, and taking action
to intervene.
108
MW

VAWA Amendments
• 668.46(j)(2)(iii) Ongoing prevention and awareness
campaigns means programming, initiatives, and
strategies that are sustained over time and focus on
increasing understanding of topics relevant to and
skills for addressing dating violence, domestic
violence, sexual assault, and stalking, using a range
of strategies with audiences throughout the
institution and including information described in
paragraph (j)(1)(i)(A) through (j)(1)(i)(F).
109
MW

VAWA Amendments
• 668.46(j)(2)(iv) Primary prevention programs means
programming, initiatives, and strategies informed by
research or assessed for value, effectiveness, or
outcome that are intended to stop dating violence,
domestic violence, sexual assault, and stalking
before they occur through the promotion of positive
and healthy behaviors that foster healthy, mutually
respectful relationships and sexuality, encourage
safe bystander intervention, and seek to change
behavior and social norms in healthy and safe
directions.
110
MW

VAWA Amendments
• 668.46(j)(2)(v) Risk reduction means options
designed to decrease perpetration and bystander
inaction, and to increase empowerment for victims in
order to promote safety and to help individuals and
communities address conditions that facilitate
violence.
111
MW

VAWA Amendments
• 668.46(j)(2)(v) Risk reduction means options
designed to decrease perpetration and bystander
inaction, and to increase empowerment for
victims in order to promote safety and to help
individuals and communities address conditions
that facilitate violence.
• 668.46(j)(3) An institution’s programs to prevent
dating violence, domestic violence, sexual
assault, and stalking must include, at a minimum,
the information described in paragraph (j)(1) of
this section.
112
MW

VAWA Amendments
• 668.46(k) Procedures for institutional
disciplinary action in cases of alleged dating
violence, domestic violence, sexual assault, or
stalking. As required by paragraph (b)(11)(vi)
of this section, an institution must include in its
annual security report a clear statement of
policy that addresses the procedures for
institutional disciplinary action in cases of
alleged dating violence, domestic violence,
sexual assault, or stalking and that--
113
SH

VAWA Amendments
• 668.46(k)(1)(i) Describes each type of
disciplinary proceeding used by the institution;
the steps, anticipated timelines, and decision-
making process for each type of disciplinary
proceeding; and how the institution
determines which type of proceeding to use
based on the circumstances of an allegation
of dating violence, domestic violence, sexual
assault, or stalking;
114
SH

VAWA Amendments
• 668.46(k)(1)(i) Describes each type of
disciplinary proceeding used by the institution;
the steps, anticipated timelines, and decision-
making process for each type of disciplinary
proceeding; and how the institution
determines which type of proceeding to use
based on the circumstances of an allegation
of dating violence, domestic violence, sexual
115
SH

VAWA Amendments
• 668.46(k)(1)(ii) Describes the standard of evidence that
will be used during any institutional disciplinary
proceeding arising from an allegation of dating
violence, domestic violence, sexual assault, or stalking;
• 668.46(k)(1)(iii) Lists all of the possible sanctions that
the institution may impose following the results of any
institutional disciplinary proceeding for an allegation of
dating violence, domestic violence, sexual assault, or
stalking; and
• 668.46(k)(1)(iv) Describes the range of protective
measures that the institution may offer following an
allegation of dating violence, domestic violence, sexual
116
SH

VAWA Amendments
• 668.46(k)(2) Provides that the proceedings will–
• 668.46(k)(2)(i) Include a prompt, fair, and impartial
process from the initial investigation to the final
result;
• 668.46(k)(2)(ii) Be conducted by officials who at a
minimum receive annual training on the issues
related to dating violence, domestic violence,
sexual assault, and stalking and on how to conduct
an investigation and hearing process that protects
the safety of victims and promotes accountability;
117
SH

VAWA Amendments
• 668.46(k)(2)(iii) Provide the accuser and the
accused with the same opportunities to have others
present during any institutional disciplinary
proceeding, including the opportunity to be
accompanied to any related meeting or proceeding
by the advisor of their choice;
• 668.46(k)(2)(iv) Not limit the choice of advisor or
presence for either the accuser or the accused in
any meeting or institutional disciplinary proceeding;
however, the institution may establish restrictions
regarding the extent to which the advisor may
participate in the proceedings, as long as the
restrictions apply equally to both parties; and118
SH

VAWA Amendments
• 668.46(k)(2)(v) Require simultaneous notification,
in writing, to both the accuser and the accused, of--
• 668.46(k)(2)(v)(A) The result of any institutional
disciplinary proceeding that arises from an
allegation of dating violence, domestic violence,
sexual assault, or stalking;
• 668.46(k)(2)(v)(B) The institution’s procedures for
the accused and the victim to appeal the result of
the institutional disciplinary proceeding, if such
procedures are available;
• 668.46(k)(2)(v)(C) Any change to the result; and
• 668.46(k)(2)(v)(D) When such results become final.119
SH

VAWA Amendments
• Sections 668.46(k)(3) - 668.46(k)(3)(iv) provide
definitions of “reasonably prompt timeframes,”
“advisor,” “proceedings,” etc.
120
SH

VAWA Amendments
• 668.46(m) Prohibition on retaliation. An
institution, or an officer, employee, or agent
of an institution, may not retaliate, intimidate,
threaten, coerce, or otherwise discriminate
against any individual for exercising their
rights or responsibilities under any provision
in this section.
121
SH

1
2
2
10 Minute Break

• An institution “lacks the ability and/or willingness to
properly administer the Title IV Federal student
financial aid programs.”
• Omissions and/or inadequacies in an institution’s
ASR and AFSR Policy Statements; failing to
develop or include “numerous required statements
of policy, procedure, practice, and programs” in its
ASRs
• Failure to comply with Timely Warning
requirements
1
2
3
Consistent Challenges
SH

• Violations related to Classification of Reported
Crimes and Disclosure of Crime Statistics,
including over-reporting
• Problems with the Daily Crime Log
• Procedural deficiencies with Sexual Assault
Policies
• Clery Geographic boundaries not defined/defined
inaccurately 128. Slide 128
• Failure to comply with ER&E provisions
1
2
4
Consistent Challenges
MW

• Is permanent
• Offers programs leading to a degree
• Has its own:
 faculty
 administrative body
 budgetary and hiring authority
1
2
5
A Branch is independent if
it...
MW

• Is an academic division that:
 Offers an organized study program
 Not contiguous to the main campus
 May include:
 Business
 Law School
 Medical
1
2
6
An Administrative Division
is:
MW

• Special Considerations
 The institution has a written agreement for a
location used to offer one or more classes
 The institution has a written agreement for a
location used to house its students
 The institution makes repeated use of a
location
 The institution sponsors short-stay “away” trips
for its students
https://surveys.ope.ed.gov/security/HelpDeskEma
ilView.aspx1
2
7
Study Abroad Programs & Foreign
Campuses
MW

10 Minute Break
1
2
8

• file://localhost/Users/stevenhealy/Docum
ents/MHA/Clery Compliance
Documents/Report Templates/AFSSR
Template_October 2013 references
included.docx
1
2
9
Using the MHA Template

Current Students & Employees 668.41(e)(1)
• Must Include:
 A statement of the report's availability
 A list and brief description of the content
 Exact electronic address (URL)
 Statement that a paper copy will be provided
upon request
1
3
0
Distributing Your ASR
SH

Prospective Students & Employees
• 668.41(e)(4) Prospective students and prospective
employees-annual security report. The institution must
provide a notice to prospective students and prospective
employees that includes a statement of the report's
availability, a description of its contents, and an
opportunity to request a copy. An institution must provide
its annual security report, upon request, to a prospective
student or prospective employee. If the institution
chooses to provide its annual security report to
prospective students and prospective employees by
posting the disclosure on an Internet website, the notice
described in this paragraph must include the exact
electronic address at which the report is posted, a brief
description of the report, and a statement that the
institution will provide a paper copy of the report upon
request.
1
3
1
Distributing Your ASR
SH

• The exact address wherein the report lies –
 cannot be the institution's homepage.
• Do not have to provide every element of the
annual security report.
• Permissible to provide links to other pages that
provide information on additional required
elements or resources such as:
 crime log
 annual security reports for other campuses
 local victim assistance agencies.
1
3
2
An Exact URL
132 SH

A copy of (name of institution) annual security
report.
This report includes statistics for the previous
three years concerning reported crimes that
occurred on campus; in certain off-campus
buildings or property owned or controlled by
(name of institution); and on public property
within, or immediately adjacent to and
accessible from, the campus.
The report also includes institutional policies
concerning campus security, such as policies
concerning sexual assault, and other matters.
You can obtain a copy of this report by
contacting (name of office) or by accessing the
following web site (address of web site).1
3
3
ASR Sample Notice of
Availability
SH

• Copies Of Crime Reports
• Daily Crime Log
• Arrests and Referrals For Disciplinary
Action
• Timely Warning Reports
• Letters To/From Campus Security
Authorities
• Letters To/From Local Police
• ED Correspondence On Clery Act Items
• ASR Availability Notices To Students And1
3
4
Records to Retain
134 SH

• Policies, policy statements
• VAWA Amendments
• Consistent Challenges
• Using the template to build your ASR
1
3
5
Program Summary
SH

1
3
6
Thank You!

Building a compliant clery act program updated june3 2200

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