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Clery Act Compliance - James Madison University

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Clery Act Compliance - James Madison University
Lisa Carickhoff
February 2013
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.
The law enacted in her memory is intended
to ensure that students and other campus
community members are informed about
campus crime so they can make informed
decisions.
James
Madison
University
Jeanne Clery
November 23, 1966
April 5, 1986
• Institutions must collect, classify and count crime reports
and crime statistics.
• Provide emergency notification and evacuation
procedures.
• 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 a
significant emergency or dangerous situation involving an
immediate threat to the health or safety of students or
employees occurring on the campus.
James
Madison
University
• Issue campus alerts to provide the campus community with
information necessary to make informed decisions about their
health and safety.
• 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.
• Create, maintain and make available a crime log and fire log.
• Have established policies and procedures to ensure safety.
• Submit statistics to the Department of Education.
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
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
Judicial Affairs
Office of Residence Life
Office of Equal Opportunity
Band Director
Student Unions Disability Services
Parking Services
Counseling and Student Development
Orientation
Fraternity/Sorority Life
Vice Presidents, Deans, and Directors Advisors to student organizations
Parking Military Science “Cadre”
Title IX Coordinator
Community Service Learning Human Resources
Career and Academic Planning
Student Withdrawal
The Clery Act requires all institutions to collect crime reports
from campus security authorities.
James
Madison
University
The law defines four categories of Campus Security Authority:




James
Madison
University
University Police
Non-police security staff responsible for monitoring university
property, monitoring events, and providing escorts to include
contract security and students.
People/offices designed under our policy as those to whom
crimes should be reported. These include the Office of Judicial
Affairs, 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.
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
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
Individuals may be designated as Campus Security Authorities
based on whether they perform the following functions:




James
Madison
University
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 of the institution with significant responsibility for
student and campus activities (Vice Presidents, Deans, Directors,
etc.), including but not limited to the areas of
Student Affairs
Dean of Students
Ombudsperson
Counseling and Student Development
Multicultural Student Services
University Health Center and affiliates
Judicial Affairs
Residence Life (to include student resident advisors and hall directors)
University Unions
University Recreation (to include team sports and recognized clubs0
Student Withdrawal
Career and Academic Planning
Community Service Learning
James
Madison
University
Disability Services
Orientation
Athletic directors, coaches and assistant coaches
Coordinator of Greek Affairs
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
Administrators who oversee branch campuses and the Washington
Semester Coordinator
James
Madison
University
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
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
JMU encourages professional and pastoral counselors,
although not required to report crimes, to tell victims about
the Confidential Reporting Process. The counselor must make
a judgment call- Is it appropriate to discuss crime reporting in
this particular situation?
Confidential Reporting Process: Victims can report crimes
confidentially (no names or criminal investigation) to the
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
“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.
James
Madison
University
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.
What you must disclose, 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
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?
Judicial Affairs? Residence Life?
James
Madison
University
The 9 Clery crimes









Criminal homicide – murder/non-negligent manslaughter
negligent manslaughter
Sex offenses - forcible – rape, sodomy, sexual fondling and
sexual assault with object
- non-forcible –statutory rape and incest
Robbery
Aggravated assault
Burglary
Motor vehicle theft
Arson
Hate crimes
Arrests & disciplinary referrals for violations of liquor,
drug, & weapons laws
James
Madison
University

Murder and Non-negligent Manslaughter – The willful (nonnegligent) killing of one human being by another.

Negligent Manslaughter – The killing of another person through
gross negligence.

Sex Offense Forcible (F) – Any sexual act directed against
another person, forcibly and/or against that person's will; or not
forcibly or against the person's will where the victim is incapable
of giving consent: forcible rape; forcible sodomy; sexual assault
with an object; and forcible fondling.

Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual
intercourse: incest; statutory rape.

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
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 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

Hate Crimes – Any crime that manifests evidence that the victim was
intentionally selected because of the victim's actual or perceived race;
religion; gender; sexual orientation; ethnicity or physical/mental
disabilities. This includes murder and nonnegligent manslaughter,
negligent manslaughter, forcible sex offenses, nonforcible sex
offenses, robbery, aggravated assault, burglary, motor vehicle theft,
arson, and also larceny-theft, simple assault, intimidation, and
destruction/damage/vandalism.




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.
James
Madison
University

Hate Crime categories have been expanded and now
will include national origin and gender identity.

New added crimes are domestic violence, dating
violence and stalking incidents
James
Madison
University

Dating Violence – The term “dating violence” means
violence committed by a personwho is or has been in a social relationship of a romantic
or intimate nature with the victim;
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 relationship
The frequency of interaction between
the persons involved in the relationship.
James
Madison
University

Domestic Violence -The term “domestic violence” includes
felony or misdemeanor crimes of 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
the jurisdiction.

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
• 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
A crime must be reported if it occurred:
On campus (see Map )
On campus, in residence halls
Public Property - on public property within or immediately
adjacent to campus (see Map)
Non-Campus - in or on non-campus property owned or controlled
by the University or a recognized student organization
Clery map can be found at http://www.jmu.edu
/pubsafety/wm_library/Clery_Boundary-2011.pdf
James
Madison
University
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 the
Universities educational
purposes.
For Example
JMU Residence Halls,
Administrative Buildings, parking lots
on campus and other buildings on
campus
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 intuitions educational purpose
and frequently used by students which is offcampus.
For Example
Fraternities
Alpha Epsilon Pi
Alpha Tau Omega
Delta Chi
Kappa Alpha
Theta Chi
Tau Kappa Epsilon
Phi Gamma Delta
Tau Kappa Epsilon
Pi Kappa Phi
Sigma Phi Epsilon
Sigma Chi
Sigma Nu
1343 South Main Street
24 South Ave.
485 South Mason
512 South Main Street
321 East Elizabeth Street
415 North Liberty Street
473 Mason Street
415 North Liberty Street
205 Newman Avenue VA
520 South Federal Street
725 South Main Street VA
660 Walnut Lane
Campus Ministries
Baptist Student Center
Canterbury Episcopal Ministry
Catholic Campus Ministries
Lutheran-Presbyterian Campus
Ministries
Wesley Foundation
Campus Crusade for Christ
711 South Main Street
741 South Main Street
1052 South Main Street
741 South Main Street
690 South Mason Street
610 South Main Street
WMRA Radio Station
983 Reservoir Street
JMU Farm House
8399 Alumnae Drive Port Republic VA
JMU Farm Pavilion
8398 Alumnae Drive Port Republic VA
James
Madison
University
All public property, including
thoroughfares, streets, sidewalks,
and parking facilities, that is
within the campus or immediately
adjacent to and accessible from
the campus.
To View Map In
Greater Detail
go to
http://www.jmu.edu/pubsafety/w
m_library/Clery_Boundary_2012091
1-11x17.pdf
James
Madison
University
Remember it must be a Clery crime 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
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 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 not wait until the end of the year to 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
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, not when it was reported to police by a CSA.





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

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
Fill out the Clery Incident Report Form
Get as accurate and complete a description of what happened
as you can.

Questions to ask reference Forcible sex offenses:
Was crime committed forcibly against victim’s will?
Was victim incapable of giving consent because of
temporary/permanent mental/physical incapacity or
underage?
Was assault facilitated by giving drugs/alcohol?
Details! Details! Details!
James
Madison
University

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).
James
Madison
University

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?

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

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, ethnicity,
religion, sexual orientation or disability?
Did any personal injury result from the incident?
Report any vandalism to property of a religious,
ethnic, gay or lesbian organization as a hate crime.
James
Madison
University

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.
James
Madison
University
Record the information on the crime statistic form which can be located
at
http://www.jmu.edu/pubsafety/wm_library/Crime_StatisticFormFinal2011.pdf
Forward them to Officer Carickhoff Clery Compliance Officer
821 South Main Street MSC 6810 Harrisonburg, VA 22802
or 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




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

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 exboyfriend had sex with her in her campus residence hall
room while she was unconscious after a night of drinking
alcohol…
James
Madison
University
Police must keep statistics on the number of people
arrested or cited for liquor, drug and weapon law
violations.
Student housing and student judicial 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






A suspension or limiting of the institution’s Title IV funding
The institution’s name will be provided to Congress by the
Secretary of ED
ED can issue civil fines up to $35,000 per violation
Final Review Determination Reports are public record
The institution will received 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
premises security liability litigation.
James
Madison
University

Clery Compliance Officer:
Lisa Carickhoff [email protected]
Telephone 540-568-6769
Fax 540-568-3308

Resources for learning more
Security on Campus
www.securityoncampus.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
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