Clery Act Compliance Training Lisa Carickhoff Clery Compliance Officer 2015 r.

Clery Act ComplianceTraining

Lisa CarickhoffClery Compliance Officer

2015

r

JAMES MADISON UNIVERSITY

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 cautiousif she had known about the other violent crimes at Lehigh.

Jeanne Clery November 23, 1966

April 5, 1986

What is the Clery Act? Why do we have it?

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.


What does Clery require??


• Institutions must collect, classify, count and report crime and fire statistics.

• Issue campus alerts. To provide the campuscommunity with information necessaryto 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.

• 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 on-campus 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.


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.


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 Office of Student Accountability and Restorative Justice Office of Residence Life Parking Services

Office of Equal OpportunityBand Director Orientation Fraternity/Sorority Life

Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads Advisors to student organizations

Parking Military Science “Cadre” Title IX Coordinator University Program Board

Community Service Learning Human Resources OmbudspersonCareer 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.


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.



Campus Police Department

Officials with significant responsibility for student

and campus activities

Campus Security

Authorities

Individuals/Departments who are designated to receive crime

reports

Non-Police Security Staff

(individuals monitoring events)

Who is a Campus Security Authority?

Outside Police Agencies

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 EnforcementContract Event SecurityUniversity Program Board (to include student monitors of events)OmbudspersonDean of Students Office of Student Accountability and Restorative JusticeMulticultural Student ServicesUniversity Health Center affiliates Office of Residence Life (to include student resident advisors and hall directors)University UnionsUniversity Recreation (to include team sports and recognized clubs)Community Service Learning


Officials with significant Responsibility..

Student WithdrawalCareer and Academic PlanningStaff providing safety escorts on campusDisability ServicesOrientationAthletic directors, coaches and assistant coachesGreek LifeMarching Band DirectorHuman Resources DirectorMilitary Science “Cadre”Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to studentsOffice of Equal OpportunityTitle IX CoordinatorDirector of Parking and the manager of parking field operations and monitorsAdministrators who oversee branch campuses and the Washington Semester CoordinatorTrip 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 StaffPlumbers Electricians

Food Service WorkersCashiersCooks


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.


http://openclipart.org/people/Gerald_G/Gerald_G_Woman_Nurse.svg

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.shtmFor this information to be included in crime statistics, however, enough

information has to be given to determine a crime has occurred.


http://www.jmu.edu/pubsafety/SilentWitness.shtml



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 providedin good faith, you should encourage and help the victimto 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 notprovide personally identifiable information.


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.

When in doubt, report it.


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

http://www.jmu.edu/pubsafety/clery-student-trip-doc.shtml

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.

James MadisonUniversity

Guidelines

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

University sponsored trip None Day trip No

Student organized or private trips – no university agreement 1 night or more No


Trip Form link



Three Part Test

There is a three part test to determine if the crime is a Clery reportable crime at JMU.

1. Is the crime a Clery reportable crime?2. Did the crime occur in a Clery reportable

geographic area?3. Was the crime previously reported to a

Campus Security Authority? Police? Office of Student Accountability and Restorative Justice? Office of Residence Life?


http://openclipart.org/detail/20498/checklist-icon-by-cod_fsfe

Crime CategoriesWhat 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 fromthe care, custody, or control of a person or persons by force orthreat 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.



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

• 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 entrywith intent to commit a larceny or felony; breaking and entering withintent 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 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.


• 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 ViolenceThe 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, Domestic violence, and Stalking

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf

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

Hate CrimesA 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 INCLUDE ANY OFFENSE IN THE FOLLOWING TWO GROUPS:

DefinitionsSimple 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.)


Group A Murder and Non-negligent manslaughter

Sex offenses Non-forcible sex offenses Robbery Aggravated assault Burglary Motor vehicle theft Arson

Group B Larceny-theft

Simple assault

Intimidation Destruction/damage/ vandalism

StalkingDomestic ViolenceDating Violence

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.



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.

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)


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


• 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).


Arrests & disciplinary referrals for violations of liquor, drug, & weapons laws


• 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.

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 hallsPublic 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

http://www.jmu.edu/pubsafety/Clerygeography.shtml


On Campus

Any building or property owned or controlled by an institution within the same reasonablycontiguous geographicarea 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).

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.

The Clery Geography by DefinitionLink to list of addresses of Clery Geography

For Example

JMU Residence Halls, Administrative Buildings, parking lots on campus and other buildings on campus

For Example

Fraternities

Campus Ministries WMRA Radio Station JMU Farm House JMU Farm Pavilion

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

http://www.jmu.edu/pubsafety/wm_library/2015_JMU_Clery_Compliance_Building_List.xlsx


James Madison UniversityClery Compliance Map

Enlarged map can be viewed http://www.jmu.edu/pubsafety/wm_library/2015_Clerymap.pdf

http://www.jmu.edu/pubsafety/wm_library/2015_Clerymap.pdf

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; ORWhile 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

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.


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.


http://www.jmu.edu/pubsafety/wm_library/JMU_Notice_of_Complaintants_Rights.pdf


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

Silent Witnesshttp://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.





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 factsGet as accurate and complete a description of what happened as you can.

Who, What, When, Where and How

• 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?


http://openclipart.org/detail/10535/question-by-yves_guillou-10535

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?



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?



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.



How to reportFill out the Clery Incident Report Form and submit the information electronically on the crime

statistic form which can be located atJames Madison University Campus Security Authority Crime Report Form


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.

Information can also be forwarded toLisa Carickhoff Clery Compliance Officer

821 South Main Street MSC 6810 Harrisonburg, VA 22807or by FAX to JMU Police Clery Compliance Officer at 540-568-7926

or email to [email protected]

http://www.jmu.edu/pubsafety/campus-security-report.shtml

mailto:[email protected]

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 knownIf 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.


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.


Title IX and Sexual Violence: Sexual Assault, Domestic Violence, Dating Violence and StalkingOffer 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 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…


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 540-568-6769Fax 540-568-3308

• Resources for learning more

Clery Centerhttp://clerycenter.org/

• U.S. Department of Education2011 Handbook for Campus Safety andSecurity Reportinghttp://www2.ed.gov/admins/lead/safety/campus.html


mailto:[email protected]

http://clerycenter.org/

http://clerycenter.org/

http://www2.ed.gov/admins/lead/safety/campus.html

Clery Act Compliance Training Lisa Carickhoff Clery Compliance Officer 2015 r.

Documents

Transcript of Clery Act Compliance Training Lisa Carickhoff Clery Compliance Officer 2015 r.