Clery Act Compliance Training LISA CARICKHOFF

Clery Act
Compliance
Training
LISA CARICKHOFF
CLERY COMPLIANCE OFFICER
2016
What is the Clery Act?
Why do we have it?
Jeanne Clery was raped and murdered while asleep in her dorm room at
Lehigh University in 1986. She was murdered by another student who had
entered her dorm through three propped doors.
Her parents discovered that there had been numerous reports of
propped doors and there had been 38 violent crimes in the three years
prior to her murder at Lehigh and they believed she would have been
more cautious if she had known
about the other violent crimes at Lehigh.
Jeanne Clery
November 23, 1966
April 5, 1986
The Purpose of the Clery Act
To provide the campus community
with accurate, complete, and timely information
about crime and the safety of the campus environment
so that they can make informed decisions
to keep themselves safe.
What does Clery require??
• Institutions must collect, classify, count and report crime and fire statistics.
• Issue campus alerts. To provide the campus community with
information necessary to make informed decisions about their
health and safety:
Issue a timely warning for any Clery Act crime that represents an ongoing
threat to the safety of students or employees; (May give timely warning
to non-Clery crimes).
Issue an emergency notification upon the confirmation of significant emergency
or dangerous situation involving an immediate threat to the health or safety of
students or employees occurring on the campus.
Warnings and notifications may be issued in a variety of ways : email, text messaging,
posters, electronic message board etc.
What does Clery require??
• Publish an annual security report and fire safety report.
(by Oct. 1 of each year) containing safety and security-related policy statements
and crime statistics and distribute it or advise where to locate it electronically to all
current students and employees. Schools also must inform prospective students
and employees about the availability of the report.
• Provide missing student notification procedures. If your institution has any oncampus student housing facilities, you must disclose missing student notification
procedures that pertain to students residing in those facilities and disclose fire
safety information and statistics and maintain a fire log related to those facilities.
What does Clery require??
• If your institution maintains a campus police or security
department, you must create, maintain and make available a
crime log of crimes or alleged criminal incidents that is open to
public inspection.
• Have established policies and procedures to ensure safety.
• Submit statistics to the Department of Education.
Consequences if you are audited
and found in non-compliance
•
A suspension or limiting of the institution’s Title IV funding.
•
The institution’s name will be provided to Congress by the
Secretary of Education.
•
Department of Education can issue civil fines up to $35,000
per violation.
•
Final Review Determination Reports are public record.
•
The institution will receive negative media attention and..
•
Failure to comply with the Clery Act can be used in court to
demonstrate an indifference to security issues during a
security liability litigation.
How do we get these statistics??
Although every institution wants its campus community to
report criminal incidents to law enforcement, we know that
this doesn’t always happen. Even at institutions with a police
department on campus, a student who is the victim of a
crime may be more inclined to report it to someone other
than the campus police. For this reason, the Clery Act requires
all institutions to collect crime reports from a variety of
individuals and organizations that Clery considers to be
"campus security authorities”. Data is collected from a wide
variety of “Campus Security Authorities” to provide the most
accurate crime statistics possible ."
Campus Security Authorities
The Clery Act requires the institution to identify individuals and
organizations that meet the definition of a campus security authority.
Dean of Students
Athletic directors, coaches and assistant coaches
James Madison University Police
Disability Services
Advisors to student organizations
Office of Student Accountability and Restorative Justice
Office of Equal Opportunity
Band Director
Orientation
Fraternity/Sorority Life
Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans,
Directors, and Department Heads
Military Science “Cadre”
Community Service Learning Human Resources
University Unions University Recreation
Office of Residence Life
Ombudsperson
Parking Services
Career and Academic Planning
Title IX Coordinator
University Program Board
Student Withdrawal
Trip Advisors
The Clery Act requires all institutions to collect crime reports from
campus security authorities.
What makes you a Campus
Security Authority (CSA)?
The law defines four categories of Campus Security Authority:
•
University Police
•
Non-police security staff responsible for monitoring university
property, monitoring events, and providing escorts to include
contract security and students.
•
People/offices designated under our policy as those to whom crimes should
be reported – the JMU Police and Title IX.
•
“Officials with significant responsibility for students and campus
activities”. “Official” is defined as any person who has the authority
and duty to take action and respond to particular issues on behalf
of the institution.
Who is a Campus Security
Authority?
Outside Police
Agencies
Campus
Police
Department
Officials with significant
responsibility for student
and campus activities
Campus
Security
Authorities
Non-Police Security
Staff
(individuals
monitoring events)
Individuals/Departments
who are designated to
receive crime reports
Individuals with “Significant responsibility
for Student and Campus Activities”
Define by function, not title.
Because official responsibilities and job titles vary significantly
on campuses, a list of specific titles is not provided in the
regulations. To determine specifically which individuals or
organizations are campus security authorities for your
institution, consider the function of that individual or office.
The “function” of the employee
on campus
Individuals may be designated as Campus Security Authorities based on
whether they perform the following functions:

Their official job responsibilities involve significant interaction with
students and/or campus activities;

They serve as informal or unofficial mentors to students;

They serve as a member in an office or of a committee to whom
students are instructed and informed to report or discuss crimes,
allegations of crimes, and other troubling situations, and/or;

They have oversight for disciplinary procedures.
Officials with significant responsibility..
Officials of the institution with significant responsibility for student
and campus activities (Vice Presidents, Associate Vice Presidents,
Assistant Vice Presidents, Deans, Directors, and Department Heads),
and individuals including but not limited to the areas of
Campus Law Enforcement
Contract Event Security
University Program Board (to include student monitors of events)
Ombudsperson
Dean of Students
Office of Student Accountability and Restorative Justice
Multicultural Student Services
University Health Center affiliates
Office of Residence Life (to include student resident advisors and hall directors)
Officials with significant responsibility..
University Unions
University Recreation (to include team sports and recognized clubs)
Community Service Learning
Student Withdrawal
Career and Academic Planning
Staff providing safety escorts on campus
Disability Services
Orientation
Athletic directors, coaches and assistant coaches
Greek Life
Marching Band Director
Officials with significant Responsibility..
Human Resources Director
Military Science “Cadre”
Faculty or staff advisors to student organizations or those that
serve as formal or unofficial mentors to students
Office of Equal Opportunity
Title IX Coordinator
Director of Parking and the manager of parking field operations
and monitors
Administrators who oversee branch campuses and the
Washington Semester Coordinator
Trip Advisors
Who is NOT a Campus Security
Authority?
Faculty members who are not advisors of student groups, i.e. no
responsibility for student or campus activities beyond the
classroom.
Support/Administrative Staff
Clerical
Secretaries
Receptionists
Facilities Staff
Plumbers
Electricians
Food Service Workers
Cashiers
Cooks
Who is NOT a Campus Security
Authority?
You may have significant responsibility for Student and Campus
Activities
BUT...
YOU DO NOT HAVE TO REPORT IF:
You are a licensed mental health counselor or a pastoral counselor (employed by a
religious organization to provide confidential counseling)
AND…
You are working within the scope of your license or religious assignment.
Student Health Center Clinicians who only provide care to individual students.
Counselors in the Counseling center who only provide care
to individual students.
Anonymous Reporting
JMUPD does not allow voluntary confidential reporting but
encourages professional and pastoral counselors to tell victims
about the Anonymous Reporting Process. The counselor must
make a judgment call. Is it appropriate to discuss crime reporting in
this particular situation?
Anonymous Reporting Process
Victims can report crimes confidentially to the anonymous
website
Silent Witness
http://www.jmu.edu/pubsafety/SilentWitness.shtm
For this information to be included in crime statistics, however,
enough information has to be given to determine a crime has
occurred.
Campus Security Authority’s
primary responsibility is…
“To report allegations made in good faith to the reporting structure established by the
institution.”
In “good faith” means there is a reasonable basis for believing that the information is
not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of
the information.
You do not need to witness the crime. Under the Clery Act, a crime is “reported” when
it is brought to the attention of a campus security authority by
a victim, witness, other third party, or even the offender.
If you receive a report of a crime and believe it was provided
in good faith, you should encourage and help the victim
to contact the police. However, if the victim does not wish to
report the crime to police, they are not required to do so but
advise them you must report the incident.
Campus Security Authority’s
primary responsibility is…
If a campus security authority receives the crime information and
believes it was provided in good faith, he or she should document
it as a crime report and submit the to Clery Compliance Officer.
This is an ongoing process. Just get the facts, the police
department will figure out what offense (if any) occurred.
What is disclosed, therefore, are statistics from reports of alleged
criminal incidents. It is not necessary for the crime to have been
investigated by the police or campus security authority, nor must a
finding of guilt or responsibility be made to disclose the statistic.
University Trips : Additional
Reporting Requirements
Pursuant to the Clery Act, James Madison University is required to
disclose certain reported crime statistics that occur during
University sponsored / arranged domestic and international
student trips. Community members who are administratively
responsible for domestic and
international student trips
are expected to report
student trip information
to the University Police
for compliance. A link to
the Trip Form and
further information.
What trips?
Not all student trips need be reported. For trips to be reportable, student trips
must meet certain requirements. The University must have control over the trip
or program accommodation and any related academic space used in
conjunction with the trip. Control, as defined by the Clery Act, means that
there is a written agreement (no matter how informal) directly between the
University and the end provider for use of the space.
In addition, the controlled space must be used in direct support of, or in
relation to, the institution’s educational purposes and frequented by students.
Some examples of a written agreement include renting hotel rooms, leasing
apartments, leasing space in a student housing facility or academic space on
another campus and even an e-mail agreement for use of space free of
charge. Hostels are not normally reportable unless the written agreement gives
the University control over the space within the accommodation.
Why Does the University Police
Need this information?
Information on qualifying student trips is needed by University
Police for follow-up with the local law enforcement agency
associated with the trip location. University Police will send a
request to the trip location local law enforcement agency to
determine if any Clery Act qualifying crimes (occurring during the
trip time frame and at the University arranged accommodation
and/or related academic space) were reported directly to local
law enforcement and thus may not be known to University
personnel.
* Note, other University / Departmental internal crime reporting requirements may still exist on any
Clery Act reportable or non- reportable student trips.
Guidelines
Trip Form link
Trip Accommodation and/or Academic Space
Usage Agreement
Student Trip
Accommodation
Length of Student
Trip
Clery Act
Reportable
Student Trip
The University has a written agreement with end
provider for trip accommodations and/or
academic space for use of the
accommodations or space
The same accommodations are
used every year or more
frequently
1 night or more
Yes
The University has a written agreement with end
provider for trip accommodations and/or
academic space for use of the
accommodations or space
You don’t anticipate using the
same accommodation every
year
3 or more nights
Yes
The University has a written agreement with a
third party to arrange trip accommodations
and/or academic space for use of the
accommodations or space
Same accommodation used
every year or more frequently
1 night or more
Yes
None
Day trip
No
1 night or more
No
University sponsored trip
Student organized or private trips – no university
agreement
Three Part Test
There is a three part test to determine if the crime is a Clery
reportable crime at JMU.
Was the crime reported to a Campus Security
Authority?
Is the crime a Clery reportable crime?
Did the crime occur in a Clery reportable
geographic area?
Crime Categories
What needs to be reported
What crimes must I report?*
UCR Part I Criminal Offenses
Criminal homicide – Murder/non-negligent manslaughter, negligent
Sex offenses - An offense that meets the definition of rape, fondling, incest, or statutory
rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the National
Incident-Based Reporting Systems User Manual from the FBI UCR Programs, a sex offense
is “any sexual act directed against another person, without the consent of the victim,
including instances where the victim is incapable of giving consent.”
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson
*if they occurred in a Clery Geographic location
Definitions of UCR Part I Clery
Reportable crimes
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.
Motor Vehicle Theft – The theft or attempted theft of a motor vehicle
report (Classify as motor vehicle theft all cases where automobiles are
taken by persons not having lawful access even though the vehicles
are later abandoned-including joyriding.)
Definitions of UCR Part I Clery
Reportable crimes
Sexual Assault – An offense that meets the definition of rape, fondling, incest, or
statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the
National Incident-Based Reporting Systems User Manual from the FBI UCR Programs,
a sex offense is “any sexual act directed against another person, without the
consent of the victim, including instances where the victim is incapable of giving
consent.”
Rape - The penetration, no matter how slight, of the vagina or anus with any body
part or object, or oral penetration by a sex organ of another person, without the
consent of the victim.
Definitions of UCR Part I Clery
Reportable crime
Fondling - The touching of the private body parts of another person for the
purpose of sexual gratification, without the consent of the victim, including
instances where the victim is incapable of giving consent because of his/her
age or because of his/her temporary or permanent mental incapacity.
Incest – Sexual intercourse between persons who are related to each other
within the degrees wherein marriage is prohibited by law;
Statutory rape –Sexual intercourse with a person who is under the statutory age
of consent
Definitions of UCR Part I
Clery Reportable crime
Aggravated Assault – An unlawful attack by one person upon another for the
purpose of inflicting severe or aggravated bodily injury. This type of assault is usually
accompanied by the use of a weapon or by means likely to produce death or great
bodily harm. It is not necessary for an injury to result when a gun, knife or other
weapon is used in the commission of the crime.
Burglary – The unlawful entry of a structure to commit a felony or a
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.
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, personal
property of another, etc.
Hate Crimes
A hate crime is a criminal offense committed against a person or property which is motivated, in
whole or in part, by the offender’s bias.
Bias is a preformed negative opinion or attitude toward a group of persons based on their race,
gender, religion, disability, gender identity, sexual orientation, ethnicity and/or national origin.
Crimes that manifest evidence that the victim was intentionally selected because of the
perpetrator’s bias
Hate Crimes
Group A
Murder and Non-negligent
manslaughter
Sex offenses
Non-forcible sex offenses
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson
Group B
VAWA Crimes
Larceny-theft
Simple assault
Intimidation
Destruction/damage/
vandalism
Stalking
Domestic Violence
Dating Violence
Definitions of crimes related to
hate crimes
Simple Assault – Assaults and attempted assaults where no weapon was used and
which did not result in a serious or aggravated injury to the victim. (Currently, this
crime category only applies to hate crimes.)
Larceny-Theft - The unlawful taking, carrying, leading, or riding away of property
from the possession or constructive possession of another. (Currently, this crime
category only applies to hate crimes.)
Destruction/Damage/Vandalism of property - To willfully or maliciously destroy,
injure, disfigure, or deface any public or private property, real or personal, without
the consent of the owner or person having custody or control by cutting, tearing,
breaking, marking, painting, drawing, covering with filth, or any other such means as
may be specified by local law. (Currently, this crime category only applies to hate
crimes.)
Intimidation – To intentionally say or do something which would cause a person of
ordinary sensibilities to be fearful of bodily harm. (Currently, this crime category only
applies to hate crimes.)
Violence Against Women Act Crimes
• VAWA incorporates provisions of an earlier bill, also known as the Campus
SaVE Act, and codifies parts of an April 2011 Dear Colleague letter issued by
the Office of Civil Rights at the Department of Education
• Adds domestic violence, dating violence, and stalking incidents to Clery
reportable crimes (to include incidents that may not rise to the level of a
crime).
Domestic violence
The term “domestic violence” includes felony or misdemeanor crimes of domestic
violence committed by:
• a current or former spouse 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.
• 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 jurisdiction.
(42 U.S.C. 13925(a))
(Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of
actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate,
isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.)
Dating Violence
The term “dating violence” means violence committed by a person:
• who is or has been in a social relationship of a romantic or intimate
nature with the victim; and
• where the existence of such a relationship shall be determined based
on a consideration of the following factors:
• The length of the relationship.
• The type of the relationship.
The frequency of interaction between the persons involved in the
relationship.
(42 U.S.C. 13925 (a))
(Includes threats of, or use of physical, sexual, verbal, emotional, economic or psychological
action to influence or control the victim.)
Stalking
The term “stalking” means engaging in a:
• course of conduct.
• directed at a specific person.
• that would cause a reasonable person to –
• fear for his or her safety or the safety of others; or
• suffer substantial emotional distress
Liquor, drug, weapon law
violations
Police must keep statistics on the number of
people arrested or cited for liquor, drug and
weapon law violations.
Office of Residence Life and Office of Student
Accountability and Restorative Practices officers
must keep statistics on the number of people
referred for disciplinary action for liquor, drug and
weapon law violations.
Statistics must reflect the total number of persons
involved, not incidents. (head count)
Arrests and Referrals
Arrests
Definition : Persons processed by arrest, citation or summons
Drug, liquor and weapons violations
Referrals for disciplinary action
Definition : 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
Drug, liquor and weapons violations
Arrests & disciplinary referrals for
violations
Liquor Law Violation – The violation of laws or ordinances prohibiting:
the manufacture, sale, transporting, furnishing, possessing of
intoxicating liquor; maintaining unlawful drinking places; bootlegging;
operating a still, furnishing liquor to a minor or intemperate person;
using a vehicle for illegal transportation of liquor; drinking on a train or
public conveyance; or any attempts to commit any of the foregoing
violations. Note: this list does not include public drunkenness and
driving under the influence.
Arrests Persons processed by arrest, citation or summons
Disciplinary Referrals – incidents in which a student was not arrested but was referred for
campus disciplinary action
Arrests & disciplinary referrals
for violations
Drug Law Violation – Violations of state and local laws related to the
possession, sale, use, growing, manufacturing, and making of
narcotic drugs. The relevant substances include; opium or cocaine
and their derivatives (morphine, heroin, codeine); marijuana;
synthetic narcotics (Demerol, methadone(s); and dangerous nonnarcotic drugs (barbiturates, Benzedrine).
Arrests Persons processed by arrest, citation or summons
Disciplinary Referrals – incidents in which a student was not arrested but was referred
for campus disciplinary action
Arrests & disciplinary referrals
for violations
Weapon Law Violation – The violation of laws or ordinances
prohibiting the manufacturing, sale, purchase, transportation,
possession, concealment, use of firearms, cutting instruments,
explosives, incendiary devices, or other deadly weapons. This
classification encompasses weapons offenses regulatory in nature;
manufacture, sale, or possession of deadly weapons; carrying
deadly weapons, concealed or openly; using, manufacturing ,etc.
silencers; furnishing deadly weapons to minors,
aliens possessing deadly weapons; and
attempts to commit any of the above.
Arrests Persons processed by arrest, citation or summons
Disciplinary Referrals – incidents in which a student was not arrested but was referred
James
for
campus disciplinary action.
Madison
University
Where did it happen? Clery
Geography
A crime must be reported if it occurred:
On campus
On campus, in residence halls
Public Property - on public property within or
immediately adjacent to campus
Non-Campus - in or on non-campus property owned or
controlled by the University or a recognized student
organization that are not within the contiguous geographic
area of the campus.
Link to list of addresses of Clery Geography
Clery Geography by
Definition : On Campus
On Campus
Any building or property owned or controlled by an institution within the same
reasonably contiguous geographic area and used by the institution in direct
support or in a manner related to, the institutions educational purposes.
(This includes all buildings and open space within the boundaries of campus).
Clery Geography by
Definition: Non-Campus
Non-Campus Buildings/Property
Any building or property owned or controlled by a student
organization that is officially recognized by the institution; any
building or property owned or controlled by an institution that is
used in direct support of or in relation to, the intuitions
educational purpose, is frequently used by students, and is not
within the same reasonably contiguous geographic area.
For Example
Fraternities
Campus Ministries
WMRA Radio Station
JMU Farm House
JMU Farm Pavilion
Clery Geography by
Definition: Public
Public Property
All public property, including thoroughfares, streets,
sidewalks, and parking facilities, that is within the
campus or immediately adjacent to and
accessible from the campus.
For Example
Relates to city streets and sidewalks immediately adjacent or within University property - Martin Luther King Jr. Drive to include the
100 Block to 300 Block, Paul Street to include the 1100 and 1200 Block, Eastover Drive to include portions of the 400 Block, Reservoir
Street to include the 1500 Block to the 1700 Block, University Blvd. to include the 500 Block to 900 block, Hickory Hill Drive to include
the 600 Block, Oakhill Drive to include the 900-1000 Block, Neff Avenue to include the 500 Block to 900 Block, Port Republic Road to
include the 900 Block and the 100 to 200 Block, Turner Ashby Lane, Hillside Avenue, South Main Street to include the 700 Block to the
1100 Block, Harrison Street, Warsaw Avenue, Patterson Street, etc.
Duke Drive, Bluestone Drive, Carrier Drive, Champions Drive, Alumnae Drive, Newman Drive, and Madison Drive
James Madison University
Clery Compliance Map
Enlarged map can be viewed
http://www.jmu.edu/pubsafety/
wm_library/2015_Clerymap.pdf
Reportable????
Remember it must be a Clery crime or incident on Clery
geography.
DO NOT REPORT CRIMES IF
Location is not connected to JMU for example:
A person tells you about a crime that occurred before he/she came to JMU;
OR
While he/she was away from campus and not involved in a JMU activity—e.g., at
home or on spring break;
In these cases….
Please provide the student with reporting options and/or referrals for help.
A crime is being reported to you.
What you need to do?
First and most importantly

Is a violent situation in progress?

Is there imminent danger to the victim or others?

Is it an emergency or crime in progress?

Is medical treatment needed for serious injury?

If so……...

Contact JMU POLICE immediately at 568-6911 if it is occurring on campus
If it has occurred off campus contact Emergence Communication
Center or ECC at 911 to be directed to appropriate agency
If a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is
defined as a Campus Security Authority, that individual should report that incident to the JMU Police
Department. The institution has a responsibility to notify the campus community about any crimes which pose
an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report
crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat
exists, the police department to discuss the matter further.
Offer Help
You Can Provide the Victim with:

Information on reporting to campus police or if the incident happened off campus the
local police. You can encourage the person to report the crime to the police. (But don’t
insist). Remember the decision isn’t yours, a victim who talks to you may not want to talk to
the police—and doesn’t have to. Exception: when the victim reports a crime to a
professional who is mandated by law to report specific crimes).

Tell the person how he/she can report anonymously as an option at
http://www.jmu.edu/pubsafety/SilentWitness.shtml

Helpful information can be found in the JMU Complainants Rights for incidents of sexual
violence.
Information on campus programs for assisting victims of sexual and /or other
forms of assault.
Information on procedures for seeking medical help.
Information on counseling and psychological services.
Then -- Just get the facts
Record the information and submit a report.

Be sure to document…

When the crime or incident occurred and when it was reported to you
because 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.

Remember the police will categorize the report: your job is to get the
information the person wants to tell you.

You are not a detective.

You don’t have to prove what happened or who was at fault.

You aren’t supposed to find the perpetrator.

You DON’T have to identify the victim.
Get the facts
Get as accurate and complete a description of what happened as you can.
Possible questions to ask reference sex offenses:
Was crime committed forcibly against victim’s will?
Did the assailant use or threaten force? A weapon?
Was victim incapable of giving consent because of
temporary/permanent mental/physical incapacity or underage?
Did assailant penetrate the victim’s body?
Did the victim know the assailant?
Was assault facilitated by giving drugs/alcohol?
Details! Details! Details!
Get the Facts
Possible questions to ask reference Non-Forcible sex offenses:
Is the victim related to the suspect(s)?
How old is the victim and how old is suspect(s)?
Possible questions to ask reference Aggravated Assault:
Did the suspect(s) unlawfully attack the victim for the purpose of inflicting
severe bodily injury?
Was a weapon used? If so, what type of weapon?
Was the victim injured? If so, describe the injury(s).
Were there any broken bones?
Get the Facts
Possible questions to ask reference robbery:
Did suspect(s) take or attempt to take anything of value from the care,
custody, or control of the victim?
Did the suspect(s) take the property by force, threat of force or violence?
Did victim feel fearful, threatened or endangered?
What was taken or attempted to be taken ? What was its value?
Possible questions to ask reference burglary:
Was there evidence of unlawful entry (trespass)? Was there unlawful entry
into a structure? Was there evidence that the unlawful entry was made
with the intent to commit a felony or theft?
Was item taken from inside residence hall, office, or other structure?
Was the structure open, closed, or locked? How did the perpetrator get into
the structure/room?
Get the Facts
Possible questions to ask if Motor Vehicle theft
What kind of vehicle?
Where was it taken from? When was it taken?
Has it been recovered?
Does the person know who did it?
“Joyriding” is a motor vehicle theft if vehicle is taken by a person without
lawful access
Possible questions to ask if Arson
What was burned or attempted to be burned?
Was property damaged? How much?
Was anyone hurt?
When did it happen? When was it discovered?
Was there graffiti or other evidence of hate motivation?
Get the Facts
Possible questions to ask reference a hate crime:
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, gender identity, ethnicity/national origin, 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.
How to report
Fill out the Clery Incident Report Form and submit the information
electronically on the crime statistic form which can be located at
James Madison University Campus Security Authority Crime Report Form
Information can also be forwarded to
Lisa Carickhoff Clery Compliance Officer
821 South Main Street MSC 6810 Harrisonburg, VA 22807
or by FAX to JMU Police Clery Compliance Officer at 540-568-7926
or email to [email protected]
Do these allegations have to go through a hearing or the individual be disciplined
before they are eligible for Clery Act reporting statistics?
NO!! Just as is with crime reporting, violations eligible for disciplinary actions only
have to be reported to the CSA to be counted in the crime statistics report. The
CSA must then report the statistic to the JMUPD.
After a Report is Filed
The report will be documented on the Daily Crime Log. The log consists
of five elements:

the date the crime was reported

the date and time the crime occurred

the nature of the crime

the general location of the crime

the disposition, or status, of the complaint, if it is known
If a Timely Warning/Community Alert is appropriate, the University will
issue the notification in a manner that will alert the campus community
of the threat.
In cases with Title IX considerations, the incident will be reported to Title
IX.
James R. Robinson Title IX 540-568-6991 [email protected]
Sexual Violence
When a report of sexual violence is made, additional
actions must be taken.
Title IX requires that we investigate and “take reasonable
action” in response to a incident.

Once a school knows or reasonably should know of
possible sexual violence, it must take immediate and
appropriate action to investigate. (Title IX is not
geography specific. It includes incidents on and off
campus.)

If sexual violence has occurred, prompt and
immediate steps to end the sexual violence, prevent
its recurrence, and address its effects must be taken.
Sexual Violence

If you have been a victim or a victim has reported to you domestic
violence, dating violence, sexual assault, or stalking, you should report
the incident promptly to the Title IX and Police (if the victim so desires.)
The University will provide resources to persons who have been victims
of sexual assault, domestic violence, dating violence, or stalking, and
will apply appropriate disciplinary procedures to those who violate this
policy.

The Title IX Coordinator is regarded as a “Responsible Employee”
under Title IX and also a “Campus Security Authority” under the Clery
Act. Statistical information less the victims identifying information will
be provided to campus police for inclusion in the annual crime
statistics even if the victim chooses not to alert campus public safety
personally.
Sexual Violence
Offer to go with the victim to report their complaint. If they do not wish
to go get as much information as possible.
Questions to ask:
What happened?
When did it happen?
Who else might have witnesses it?
Where? Determines if Clery reportable.
Let him or her know that the university doesn’t condone this type of
behavior and the effect it has on others.
Tell him or her that you have an obligation to report what they have
told you.
Inform the victim that they will probably be contacted by someone
who works with these types of complaints so that options are explained.
JMU Notice of Complainants Rights contains an explanation of
procedures to be followed upon a report of sexual violence.
Examples of CSA’s Reporting Crimes

Ex. A coach is required to report a sexual assault that is reported to

Ex. A faculty advisor refers a student to OSARP regarding an alleged
drug violation that he/she becomes aware of through a member of
his/her student organization…

Ex. A person working as an access monitor is required to report a
burglary that is reported to him/her while working the desk..

Ex. An RA is told by a female student that she was forcibly raped by
an unidentified male while jogging along a campus trail…
him/her…
Examples of CSA’s Reporting Crimes

Ex. An assistant dean of students is required to report a
suspicious fire that could potentially be classified as an
arson…

Ex. The Director of Athletics is required to report a rape that
was reported to him/her by the parent of a victim involving
one of his/her athletes who may be the perpetrator…

Ex. An HD is told by a female student that her ex-boyfriend
had sex with her in her campus residence hall room while she
was unconscious after a night of drinking alcohol…
Help is at hand...
Clery Compliance Officer:
Lisa Carickhoff [email protected]
Telephone 540-568-6769
Fax 540-568-3308
Resources for learning more
Clery Center
http://clerycenter.org/
U.S. Department of Education
2011 Handbook for Campus Safety and
Security Reporting
http://www2.ed.gov/admins/lead/safety/campus.html