Clery Act Compliance Training Lisa Carickhoff Clery Compliance Officer

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Clery Act Compliance
Training
Lisa Carickhoff
Clery Compliance Officer
2015
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
James Madison
University
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.
James Madison
University
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.
James Madison
University
• 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.
• 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.
James Madison
University
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.
James Madison
University
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 ."
James Madison
University
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
Office of Student Accountability and Restorative Justice
Office of Equal Opportunity
Band Director
Orientation
Office of Residence Life
Parking Services
Fraternity/Sorority Life
Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans,
Directors, and Department Heads
Advisors to student organizations
Parking
Title IX Coordinator University Program Board
Military Science “Cadre”
Community Service Learning Human Resources Ombudsperson
Career and Academic Planning
Student Withdrawal
University Unions University Recreation
Trip Advisors
The Clery Act requires all institutions to collect crime reports from campus
security authorities.
James Madison
University
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 can be reported. These include the Office of Student
Accountability and Restorative Justice, the Office of Residence Life
the Dean of Students and the Ombudsperson.
•
“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.
James Madison
University
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)
James Madison
University
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.
James Madison
University
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.
James Madison
University
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)
University Unions
University Recreation (to include team sports and recognized clubs)
Community Service Learning
James Madison
University
Officials with significant Responsibility..
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
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
James Madison
University
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
James Madison
University
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.
James Madison
University
Anonymous Reporting
JMU does not allow voluntary confidential reporting due to state open-record
laws 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.
James Madison
University
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 but will not
provide personally identifiable information.
James Madison
University
A Campus Security Authority’s responsibilities
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.
James Madison
University
University Trips
• 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.
James Madison
University
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.
James Madison
University
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 nonreportable student trips.
James Madison
University
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
Same accommodation used every
year or more frequently
1 night or more
Yes
None
Day trip
No
1 night or more
No
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
University sponsored trip
Student organized or private trips – no university agreement
James Madison
University
Three Part Test
There is a three part test to determine if the crime is a Clery
reportable crime at JMU.
1.
2.
3.
Is the crime a Clery reportable crime?
Did the crime occur in a Clery reportable
geographic area?
Was the crime previously reported to a
Campus Security Authority? Police?
Office of Student Accountability and
Restorative Justice? Office of Residence Life?
James Madison
University
Crime Categories
What needs to be reported
James Madison
University
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
James Madison
University
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.)
•
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.
James Madison
University
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.
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
James Madison University
•
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.
•
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 abandonedincluding joyriding.)
•
Arson – Any willful or malicious burning or attempt to burn, with or without
intent to defraud, a dwelling house, public building, motor vehicle or aircraft,
personal property of another, etc.
James Madison
University
Dating violence, Domestic violence, and Stalking
• 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.)
James Madison
University
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
James Madison
University
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
James Madison
University
:
Group A
Murder and Non-negligent
manslaughter
Sex offenses
Non-forcible sex offenses
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson
Stalking
Domestic Violence
Dating Violence
Group B
Larceny-theft
Simple assault
Intimidation
Destruction/damage/
vandalism
Definitions
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.)
James Madison
University
Hate Crime Definitions
Race Bias: A preformed negative opinion or attitude toward a group
of persons who possess common physical characteristics (e.g., color of
skin, eyes, and/or hair; facial features, etc.) genetically transmitted by
descent and heredity which distinguish them as a distinct division of
humankind (e.g., Asians, blacks, whites).
Gender Bias: A preformed negative opinion or attitude toward a
person or a group of persons based on their actual or perceived
gender, e.g. male or female.
Religious Bias: A preformed negative opinion or attitude toward a
group of persons who share the same religious beliefs regarding the
origin and purpose of the universe and the existence or nonexistence
of a supreme being (e.g., Catholics, Jews, Protestants, atheists).
Sexual Orientation Bias: A preformed negative opinion or attitude
toward a person or a group of persons based on their actual or
perceived sexual orientation.
James Madison
University
Ethnicity Bias: A preformed negative opinion or attitude toward a
group of people whose members identify with each other, through
a common heritage, often consisting of a common language,
common culture (often including shared religion) and/or ideology
that stresses common ancestry.
The concept of ethnicity differs from the closely related term race
and that “race” refers to grouping based mostly upon biological
criteria, while “ethnicity” also encompasses additional cultural
factors.
Disability Bias: A preformed negative opinion or attitude toward a
group of persons based on their physical or mental
impairments/challenges, whether such disability is temporary or
permanent, congenital or acquired by heredity, accident, injury,
advanced age or illness
National Origin: A preformed negative opinion or attitude toward a
group of people whose members identify with each other through
a common national origin.
James Madison
University
Liquor, drug, weapon law violations
Police must keep statistics on the number of people arrested or
cited for liquor, drug and weapon law violations.
Student housing and student accountability affairs 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)
James Madison
University
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
James Madison
University
Arrests & disciplinary referrals for violations
of liquor, drug, & weapons laws
• 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.
• 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 non-narcotic drugs
(barbiturates, Benzedrine).
James Madison
University
• 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.
•
Disciplinary Referrals – incidents in which a student was not arrested
but was referred for campus disciplinary action.
James Madison
University
Where did it happen?
A crime must be reported if it occurred:
If a crime occurs in any location that falls under one of these three
location types, CSA’s are required by law to report that crime to the police.
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.
Clery map and list of locations can be found at Clery Geography
James Madison
University
The Clery Geography by Definition
Link to list of addresses of Clery Geography
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).
For Example
JMU Residence Halls,
Administrative Buildings,
parking lots on campus and
other buildings on 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.
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
For Example
Fraternities
Campus Ministries
WMRA Radio Station
JMU Farm House
JMU Farm Pavilion
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
James Madison University
Clery Compliance Map
Enlarged map can be viewed
http://www.jmu.edu/pubsafety/wm_li
brary/2015_Clerymap.pdf
James Madison
University
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.
James Madison
University
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
JMU POLICE 568-6911 If it has occurred off campus
contact Emergence Communication Center or ECC
at 911
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.
James Madison
University
Offer help
Provide the person with information on:
• Reporting to campus police or if the incident happened off
campus the local police.
• Campus programs for assisting victims of sexual and /or other
forms of assault.
• Procedures for seeking medical help.
• Counseling and Psychological Services.
JMU Complainants Rights Information contains helpful
resources.
James Madison
University
Just the Facts
•
Encourage the person to report the crime to the police. (But don’t
insist).
•
Tell the person how he/she can report anonymously
http://www.jmu.edu/pubsafety/SilentWitness.shtml
•
BUT: The decision isn’t yours
•
A person who talks to you may not want to talk to 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.
James Madison
University
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.
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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.
James Madison
University
Get the facts
Get as accurate and complete a description of what happened as you can.
•
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!
James Madison
University
Get the Facts
• 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)?
• 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?
James Madison
University
Get the Facts
• 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?
• 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?
James Madison
University
Get the Facts
• 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
•
• 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?
James Madison
University
Get the Facts
• 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.
James Madison
University
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.
James Madison
University
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]
James
Madison
University
Title IX and Sexual Violence: Sexual Assault,
Domestic Violence, Dating Violence and
Stalking
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.
James Madison
University
Title IX and Sexual Violence: Sexual Assault,
Domestic Violence, Dating Violence and
Stalking
• 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.
James Madison
University
Title IX and Sexual Violence: Sexual Assault,
Domestic Violence, Dating Violence and
Stalking
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.
James Madison
University
Examples of CSA’s Reporting Crimes
• Ex. A coach is required to report a sexual assault that is reported
to him/her…
• Ex. A faculty advisor refers a student to Judicial Affairs 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…
James Madison
University
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…
James Madison
University
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
James Madison
University