Clery Act Compliance Training - PowerPoint Presentation

Slide1

Clery Act ComplianceTraining

Clery Compliance Officer2022

James

Madison university

Slide2

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

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

Slide3

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.

Slide4

What does Clery require??

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

Issue campus

alerts to provide

the campus community withinformation necessary to make informed decisions about theirhealth and safety:

Issue a timely warning for any Clery Act crime that represents

an ongoing

threat

to the safety of students

or employees on Clery geography (may

give

timely warning for non-Clery crimes or off campus crimes upon consultation with the primary agency). 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 (may give emergency notifications for off campus incidents upon consultation with the primary agency). Warnings and notifications may be issued in a variety of ways : email, text messaging, posters, electronic message board etc.

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Provide educational programs and campaigns.

Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault and stalking.

Publish

and Annual Security and Fire Safety Report

(by Oct. 1 of each year) containing safety and security-related policy statements and crime/fire 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 housing facilities.

What does Clery require

??

Slide6

If your

institution maintains a campus police or security department, you must create, maintain and make available at crime log (link)of crimes or alleged criminal incidents that is open to public

inspection along with a

fire log

(link).Disclose fire safety information and statistics for on campus student housing.Have established policies and procedures to ensure safety.

Submit statistics to the Department of Education.

What does Clery require

??

Slide7

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 $59,017 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.

Slide8

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 ." 

How do we get these statistics

??

Slide9

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 Department

Disability Services Advisors to student organizations Office of Student Accountability and Restorative

Practice

Office of Residence

Life to in include resident advisors

Parking Services

Fraternity/Sorority Life Military Science “Cadre” Title IX Coordinator (s) University Program Board Provost and Vice Provost, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads Community Service Learning Human Resources Ombudsperson Student Withdrawal University Unions University Recreation Trip Advisors Director of Health Center Director of Counseling Center Band Director Orientation Contract Security Victim Advocates Faculty Advisor to student group Building Coordinators Outside Police Agencies Student Leadership Parking Services Mentors to students The Clery Act requires all institutions to collect crime reports from campus security authorities.

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What makes you a Campus Security Authority (CSA)?

The

law

defines four

categories of Campus Security Authority:University Police

Non-police security staff responsible for monitoring university

property

, monitoring events, and providing escorts to

include

contract

security and students

. People/offices designated under our policy as those to whom crimes should be reported – the JMU Police, Title IX, Human Resources and the Office of Accountability and Restorative Practice. “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 to include Provost, Vice Provost, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads.

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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

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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.

Slide13

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.

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Officials with significant

responsibility..Officials

of the institution with significant responsibility for student and campus

activities include (

Provost, Vice Provost, Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads), and individuals including but not limited to the areas ofCampus Law EnforcementContract Event SecurityUniversity Program Board (to include student monitors of events

)Forbes Center (to include monitors of events)OmbudspersonDean of Students

Office of Student Accountability and Restorative

Practice

Multicultural Student Services

University Health

Center

Office of Residence Life (to include student resident advisors and hall directors)

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Officials with

significant responsibility..

University Unions

University

Recreation (to include team sports and recognized clubs)Community Service LearningStudent WithdrawalStaff providing safety escorts on campusDisability ServicesOrientation

Athletic directors, coaches and assistant coachesGreek LifeMarching

Band

Director

Director of Health Center

Director of Counseling Center

Victim Advocates

Members of SART teamsStudent Leadership

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Officials

with significant Responsibility..

Human Resources

Director

Military Science “Cadre”Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to studentsTitle IX Coordinator

Director of Parking and the manager of parking field operations and monitorsAdministrators who oversee branch campuses and the Washington Semester

Coordinator

Trip Advisors

Building Coordinators

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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 ReceptionistsFacilities StaffPlumbers

ElectriciansFood Service WorkersCashiersCooks

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Who is

NOT a Campus Security Authority?

You may have significant

responsibility for Student and Campus

ActivitiesBUT...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.

Slide19

Anonymous Reporting

.

Anonymous

Reporting

Process Victims can report crimes confidentially to the anonymous website

Silent Witness http

://

www.jmu.edu/publicsafety/SilentWitness.shtm

For

this information

to

be included in crime statistics, however, enough information has to be given to determine a crime has occurred and the location.

Slide20

Campus Security Authority’s

primary responsibility is…“To

forward crime reports to

the reporting structure established by the

institution.” (which is the Clery Compliance officer at the JMU Police Department). Crime reports are allegations of Clery Act crimes that he or she receives. The CSA fulfills a federal responsibility that helps the institution annually disclose accurate crime statistics and to help facilitate the issuance of timely warnings, community alerts or emergency notifications for crimes that pose a serious or continuing threat to the campus community or are in progress.

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.

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Campus Security Authority’s primary responsibility is…

If a campus security authority receives crime information he or she should document it in a crime report and submit it 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.

Student employees are directed to report all non-emergency criminal

incidents regarding referrals for alcohol, drug, or weapons

to their supervisor for submission to the designated Clery coordinator for their area. Clery crimes that are a serious or continuing threat to the safety of the campus community must be reported immediately.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.

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CSA crime reports should include sufficient detail, such as dates and locations, and, where appropriate, personally identifying information, including name and contact information if

available.This is because a CSA crime report may be the basis for determining if there is a serious or continuing threat to the safety of the campus community that would require an alert- a timely warning, community alert or emergency notification to be issued.

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.

Slide23

Is It Clery Reportable Three Part Test

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

Was the crime reported to a Campus Security

Authority?

Is the crime a Clery reportable crime?Did the crime occur in a Clery reportable geographic area?

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Crime Categories

What needs to be reported

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What are Clery Act Crimes?

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Definitions of Clery

Reportable crimesMurder and Non-negligent Manslaughter – The willful (non-negligent) killing of one human being by another

.

Manslaughter by

Negligence – 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 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.)

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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

.”They are classified and should be reported as:Rape - The penetration, no matter how slight, of the vagina or anus with any bodypart or object, or oral penetration by a sex organ of another person, without the

consent of the victim.  

Definitions of UCR Part I Clery Reportable crimes

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Definitions

of UCR Part I Clery Reportable crime

Fondling

- The touching of the private body parts of another person for the

purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.Incest

– Sexual intercourse between persons who are related to each other within the degrees wherein marriage is  prohibited by law;

Statutory

rape

–Sexual intercourse with a person who is under the statutory age

of

consent

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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. Include instances of broken bones, internal injuries, stitches, loss of

teeth, severe laceration or loss of consciousness.

Burglary

– The unlawful entry of a structure to commit a felony or a theft. Instances of forcible entry, unlawful entry-no force, or attempted forcible

entry with the intent to commit a felony or theft

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.

Definitions of UCR Part I Clery Reportable crime

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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

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Hate Crimes

Group B Larceny-theft

Simple assault

Intimidation

Destruction/damage/

vandalism

Group A Murder and Non-negligent

manslaughter

Sex offenses

Non-forcible sex offenses

Robbery

Aggravated assault Burglary Motor vehicle theft ArsonHate crimes include any offense in the following

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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.)

Definitions of crimes related to hate crimes

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Violence Against Women Act Crimes

VAWA incorporates provisions of an earlier bill, also known as the Campus SaVE

Act 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).

Slide34

Domestic violence

The

term “domestic violence” includes felony or misdemeanor crimes of

violence committed by:a current or former spouse or intimate partner of the victim;

by a person with whom the victim shares a child in common;by a person who is cohabitating with or has cohabitated with the victim as a

spouse or intimate partner;

by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction

in which the crime of violence occurred;

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 in which the crime of violence occurred. (42 U.S.C. 13925(a))

Slide35

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

The

existence of such a relationship shall be based on the reporting party’s statement and with consideration of the length of the relationship, the type of the relationship

and the frequency of interaction between the persons involved in the relationship

.

For the purposes of this definition—

Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.

Dating violence does not include acts covered under the definition of domestic violence.

For the purpose of complying with the requirements of this section and ~668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Slide36

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; orsuffer substantial emotional distress

For the purposes of this definition– Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action method, device, or means follows, monitors observes, surveils, threatens, or communicates to or about , a person, or interferes with a person’s property.

Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Substantial emotional distress means significant mental suffering anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

For the purpose of complying with the requirement of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Slide37

Liquor, drug, weapon law violations

Police must keep statistics on the number of people arrested or cited for liquor, drug and weapon law violations.

Office of Residence Life and Office of Student Accountability and Restorative Practices 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)

Slide38

Arrests and Referrals

ArrestsDefinition

: Persons processed by arrest, citation or summons

Drug, liquor and weapons violationsReferrals for disciplinary actionDefinition : 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

Slide39

Liquor Law Violation

– The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence

.

Arrests

Persons processed by arrest, citation or summonsDisciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

Arrests & disciplinary referrals for violations

Slide40

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); synthetic

narcotics (Demerol, methadone(s); and dangerous non-narcotic drugs (barbiturates, Benzedrine

).

Arrests Persons processed by arrest, citation or summonsDisciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

Arrests & disciplinary referrals for violations

Slide41

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.

Arrests Persons processed by arrest, citation or summonsDisciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action.

Arrests & disciplinary referrals for violations

Slide42

Where did it happen

? Clery GeographyA crime must be reported if it occurred

:

On campus

On campus, in residence halls

Public Property - on public property within orimmediately

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

.

(Police have an additional requirement. Crime or alleged crimes that have been reported to them that occur in the JMU patrol jurisdiction must be recorded in the crime log).

Link to list of map and addresses of Clery Geography

Slide43

“DOES IT MATTER WHERE

INCIDENTS HAPPEN?”

YES – Location Matters

Crimes

are only “Clery reportable” if they’ve occurred on

Clery reportable geography

However

, when in doubt, report!

JMU Police will

sort out any geography concerns.

Slide44

Clery Geography by

Definition : On Campus

On Campus

Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support or in a manner related to, the institutions educational purposes.(This includes all buildings and open space within the boundaries of campus).

Slide45

Non-Campus Buildings/Property

Any building or property

o

wned or controlled by a student organization that is officially recognized by the institution( JMU does not have any off campus officially recognized property under this definition); 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.Clery Geography by Definition: Non-Campus

For Example

WMRA

Radio Station

JMU

Farm House

JMU Farm Pavilion

Slide46

Clery Geography by Definition:

Public Public

Property

All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus

.Relates to streets on campus

Relates to city streets and sidewalks immediately adjacent or within University property

Public Areas (Harrisonburg, VA) – relates to city streets and sidewalks immediately adjacent or within University property to include portions of Martin Luther King Jr Way 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, E. Grace Street to include 100 Block to 300 Block, West Grace Street to include 0-400 Block, High Street to include the 200 Block to 400 Block, Mason Street to include the 700 Block, South Willow Street to include the 300 Block, Butler Street to include the 1500 Block, Chesapeake Ave. to include the 200 to 300 Block, South Brook Street to include the 0 Block, 1300 Block of Hunters Road, portions of Ott Street, Performance Lane, and portions of Devon Lane.

James Madison University Main Campus Streets - The on-campus streets include Bluestone Drive, Duke Drive, Carrier Drive, Champions Drive, Alumnae Drive, Warren Service Drive, Newman Drive, and Madison Drive.

Slide47

Reportable????

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

.

But if in doubt report it and we will determine if it is reportable

.

Slide48

A crime is being reported to

you. What you need to do?

First and most importantly

Is a violent

situation in progress?Is there imminent danger to the victim or others?Is it an emergency or crime in progress

?Is medical treatment needed for serious injury?If so……... Contact

JMU POLICE immediately at 568-6911 if it is occurring on campus

If it has occurred off campus contact Emergence Communication

Center or ECC at 911 to be directed to appropriate agency

If

a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is defined as a Campus Security Authority, that individual

should report that incident to the JMU Police Department. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat exists, the police department to discuss the matter further.

Slide49

A crime is being reported to you. What you need to do?

You Can Provide the Victim with:

Information

on reporting to campus police or if the incident happened off

campus the local police. You can encourage the person to report the crime to the police, but don’t insist. Remember the decision isn’t yours, a victim who talks to you may not want to talk to the police—and doesn’t have to. (Exception

: when the victim reports a crime to a professional who is mandated by law to report specific

crimes).

If it is not an emergency, the CSA should ask the individual reporting the crime if they would like to report the incident to the JMU Police or the police in the jurisdiction the crime occurred. If they do, then the CSA should help coordinate reporting. If they do not want to contact police, the CSA should explain that they are a federally mandated crime reporter and are required to submit a crime report for statistical purposes and that the crime report can be submitted without identifying the crime reporting party and/or victim if the reporting party would like to remain anonymous. If a crime reporting party requests anonymity, this request must be honored to the extent permitted by law.

However, in areas of sexual violence anonymity cannot be promised.

Slide50

A crime is being reported to you. What you need to?

CSAs are not responsible for determining authoritatively whether a crime took place, and they should not try to apprehend alleged suspects of crimes.When interacting with a person reporting a crime, CSAs should do the following: • Explain

their obligation to report the incident to

JMU Police Clery

Compliance officer• Gather enough information that would provide sufficient detail to properly classify the incident to include date and time of the incident, general location, description (nature of crime)• Offer the person available support resources

Slide51

A crime is being reported to you. What you need to do?

Tell the person how he/she can report anonymously as an option at

Silent Witness

http

://www.jmu.edu/publicsafety/SilentWitness.shtml

Helpful information can be found in the

JMU Complainants

Rights

(link) for incidents of sexual violence.Information on campus programs for assisting victims of sexual and /or other forms of assault. Information on procedures for seeking medical help.Information on counseling and psychological services.

Slide52

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

unless

required by law.

Slide53

Get the facts

Get as accurate and complete a description of what happened as you can

.

Who

, What, When, Where and How

Details! Details! Details!

Slide54

How to respond

ListenInform (what you’ll do, what they can expect)ReferThankReport

Slide55

Get the Facts

Possible questions to ask reference Aggravated Assault:

Did the suspect(s) unlawfully attack the victim for the purpose

of inflicting

severe bodily injury? Was a weapon used? If so, what type of weapon? Was the victim injured? If so, describe the injury(s). Were there any broken bones?

Slide56

Get the Facts

Possible questions to ask reference robbery: Did suspect(s) take or attempt to take anything of value from the care, custody, or control of the victim?

Did the suspect(s) take the property by force, threat of force or violence?

Did victim feel fearful, threatened or endangered?

What was taken or attempted to be taken ? What was its value?Possible questions to ask reference burglary: Was there evidence of unlawful entry (trespass)? Was there unlawful entry into a structure? Was there evidence that the unlawful entry was made with the intent to commit a felony or theft?

Was item taken from inside residence hall, office, or other structure? Was the structure open, closed, or locked? How did the perpetrator get into the structure/room?

Slide57

Get the Facts

Possible questions to ask if Motor Vehicle theft

What

kind of vehicle?

Where was it taken from? When was it taken? Has it been recovered? Does the person know who did it? “Joyriding” is a motor vehicle theft if vehicle is taken by a person without lawful access

Possible questions to ask if Arson What

was burned or attempted to be burned?

Was

property damaged? How much?

Was

anyone hurt?

When did it happen? When was it discovered? Was there graffiti or other evidence of hate motivation?

Slide58

Get the Facts

Possible questions to ask reference a hate crime:Was

the target personal property, a personal

residence

, house of worship, or ethnic organization?Did the incident involve any expression of hatred (e.g. graffiti, comments) re: race, gender, gender identity, ethnicity/national origin, religion

, sexual orientation or disability?Did

any personal injury result from the incident

?

Report

any vandalism to property

of a religious, ethnic, gay

or lesbian organization as a hate crime.

Slide59

How to report

Fill 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 (link)Or fill out alternate

CSA Crime Form (link)

Information to be forwarded to

Clery

Compliance Officer

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

Slide60

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…

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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 OSARP regarding an alleged drug violation that he/she becomes aware of through a member of his/her student organization…

Ex. A person working as an access monitor is required to report a burglary that is reported to him/her while working the desk..

Ex. An RA is told by a female student that she was forcibly raped by an unidentified male while jogging along a campus trail…

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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 crimethe general location of the crimethe 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

. The University will conduct an initial assessment, a threat assessment, and take any immediate action that may be necessary to protect the health and safety of individuals and the

university

community. The University will make reasonable efforts to protect the privacy and respect the wishes of reporters, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate prohibited conduct, prevent its recurrence, and remedy its effects. Depending on the nature and severity of the conduct reported, the University may be required to share all known information, including names, with law enforcement.

(

Police have an additional requirement. Crime or alleged crimes that have been reported to them that occur in the JMU patrol jurisdiction must be recorded in the crime log).

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When a report of sexual violence is made, additional actions

must be taken.Title IX requires that we investigate and “take reasonable action” in response to a incident.

Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate. (Title IX is not geography specific.

It includes incidents on and off campus.)

If sexual violence has occurred, prompt and immediate steps to end the sexual violence, prevent its recurrence, and address its effects must be taken.Sexual Violence

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If you have been a victim or a victim has reported to you domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Title IX and Police (if the victim so desires.) The University will provide resources to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy.

The Title IX Coordinator is regarded as a “Responsible Employee” under Title IX and also a “Campus Security Authority” under the Clery Act. Statistical information less the victims identifying information will be provided to campus police for inclusion in the

annual

crime statistics even if the victim chooses not to alert campus public safety personally.

Sexual Violence

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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

(link)contains

an explanation of procedures to be followed upon a report of sexual violence.

Sexual Violence

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University Trips : Additional Reporting Requirements

Pursuant to the Clery Act, James Madison University is required to disclose certain reported crime statistics that occur during University sponsored / arranged domestic and international student trips. Community members who are

administratively

responsible for domestic and

international student trips are expected to reportstudent trip informationto the University Police for compliance. A link to the Trip Form (link)

and further information.

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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.

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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

2

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

)

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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.

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Help is at hand...

Resources for learning moreU.S. Department of Education

Clery Center

http://clerycenter.org

/ National Association of Clery Compliance Professionals https://www.naccop.org/