Transcript of "Clery Compliance CSA Online Training - April 2013"
CLERY CAMPUS SECURITY AUTHORITYPresented by: University of TN Police Department
HISTORY OF THE CLERY ACT• Jeanne Clery was tortured, raped and murdered in her dorm room at LehighUniversity in 1986. Her killer was another student.• Her parents believed she would have been more cautious if she had known aboutother violent crimes at Lehigh. They found that only 4% of colleges/universitiesreported crime on their campuses to the FBI.• The Clerys went to work to mandate that all colleges and universities disclosecrimes that occur on their campuses, and prepare an annual campus securityreport that shows the crime statistics and what security measures are takingplace on campus. In 1990, the Campus Security Act was passed. It was laterrenamed the Clery Act.2University of Tennessee Police Department
CLERY ACTThe Clery Act is a federal statute that requires the University to: Disclose policy information relating to campus security and crime statisticsas part of a campus security report published annually Issue (safety notices) timely warning notices of crimes Keep a daily crime log Have policies and procedures relating to emergencies, fire safety, andmissing studentsIn a post-campus crisis, one of the most common questions is whether the universitycomplied with the Clery Act (e.g., VA Tech)3University of Tennessee Police Department
CRIME STATISTICS & CAMPUS SECURITY AUTHORITIES• In an ideal world all crimes would be reported through defined channels to theappropriate law enforcement agency• To ensure that campus crime is not underreported, the Clery Act requirescampus crime statistics to include any crimes that are reported to “campussecurity authorities”• Campus security authorities include “any university official who has significantresponsibility for student and campus activities”• Your position has been identified as a campus security authority4University of Tennessee Police Department
CRIMES THAT MUST BE REPORTED UNDER CLERY• There are 3 categories of offenses that are subject to Clery reporting. We willreview them in more detail later in the presentation.• Category #1: All offenses in this category are subject to reporting Murder and non-negligent manslaughter, negligent manslaughter Forcible sex offenses & non-forcible sex offenses Robbery Aggravated Assault Burglary Motor Vehicle Theft Arson5University of Tennessee Police Department
CRIMES THAT MUST BE REPORTED UNDER CLERY• Category #2: The below listed crimes are subject to reporting only if themotivating factor for the crime was hate or bias Larceny-theft Simple assault Intimidation Destruction/damage/vandalism of property6University of Tennessee Police Department
CRIMES THAT MUST BE REPORTED UNDER CLERY• Category #3: Violations of Law Resulting in Arrests or Referrals for CampusDisciplinary Action (handled through Judicial Affairs on UTK campus) Weapons violations Drug violations Alcohol violations• Offenses relating to weapons, drugs, and alcohol are based on the local law forthe jurisdiction in which the incident occurred.• On UTK campus, actions referred for discipline are handled through StudentJudicial Affairs. Judicial Affairs reports those incidents in the Annual SecurityReport.7University of Tennessee Police Department
LOCATION, LOCATION, LOCATION• Clery Act reporting is not based on WHO the victim or assailant is, but on WHERE the crimeoccurred It does not matter whether the victim or perpetrator is associated with the University• Crimes must be reported only if they occurred on one of three types of property:1. On-campus which are university owned or controlled, within same reasonablycontinuous geographic area and it supports university’s education mission or isfrequently used by students. Student residence facilities are a special subset of on-campus crimes and should be distinguished as such on the CSA reporting form.2. Public Property include streets, sidewalks, etc. within or immediately adjacent tocampusA map of Clery defined on campus and public properties can be located athttp://utpolice.utk.edu/files/2013/03/CLERY-Map.pdf3. Non-Campus which are university owned or controlled, not reasonably contiguous togeographic area of institution, used in direct support of educational purpose orfrequented by students. Examples of non-campus properties include the new recreationalfields on Sutherland Avenue and classrooms used on a consistent basis by the studyabroad programs.8University of Tennessee Police Department
CSA CONSIDERATIONSIf a Clery crime is reported to you, encourage the reporting party to notify UTPD immediately.As a CSA, if you can verify the incident has been reported to UTPD, your reporting obligationhas been met and no further Clery reporting action is required; however, Tennessee lawmandates additional reporting by any person who has knowledge of physical or mental harm toa child or suspects that a child has been sexually abused. Reporting to UTPD or your supervisordoes not satisfy your reporting duty under Tennessee law i.e., your duty to report childabuse/child sexual abuse under TN law is in addition to your reporting duty under the Clery Act. Child: any person under 18 years of age Emergency? Call 911 Otherwise, must report to one of the following:– The Tennessee Department of Children’s Services (reports can be made by calling theCentral Intake Child Abuse Hotline at 1-877-237-0004)– The sheriff of the county where the child resides– The chief law enforcement official of the city where the child resides or– A judge having juvenile jurisdiction over the child9University of Tennessee Police Department
CSA CONSIDERATIONS CONT.• If you receive crime information and believe it was provided in good faith, thenyou should document it in a CSA report “Good faith” is defined as little or no reason to doubt validity of information• You are not investigating the crime yourself• You are not responsible for determining whether a crime took place• It is not necessary for crime to have been investigated by police• It is not necessary for a finding of guilty to have been made by a court10University of Tennessee Police Department
WHEN IN DOUBT• Report! Even if unsure whether incident is a Clery crime or a crime at all• Report! Even if unsure if the crime occurred on a Clery defined location• UTPD will decide whether the incident that was reported to you must beincluded in the university’s annual crime statistics, and, if so, how it should becategorized.11University of Tennessee Police Department
CSA REPORTING FORMThe CSA reporting form can be located online athttp://utpolice.utk.edu/files/2013/04/CSA-Reporting-Form.pdf• CSA’s should review the form at this time during the presentation to familiarizethemselves with requested information• Victim information is not required on the CSA reporting form12University of Tennessee Police Department
CSA REPORTING FORM – INCIDENT CLASSIFICATION13University of Tennessee Police DepartmentClery Incident ClassificationDefinitionsAggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe oraggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or bymeans likely to produce death or great bodily harm. It is not necessary that injury result from anaggravated assault when a gun, knife, or other weapon is used which could or probably would result in aserious potential injury if the crime were successfully completed.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, etc.Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes thisdefinition includes: unlawful entry with intent to commit a larceny or a felony; breaking and enteringwith intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of theaforementioned.Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft allcases where automobiles are taken by persons not having lawful access even though the vehicles arelater abandoned-including joy riding).Murder 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.
CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)14University of Tennessee Police DepartmentRobbery: The taking or attempting to take anything of value from the care, custody, or control of a person orpersons by force or threat of force, violence, and/or causing the victim fear.Sex offense, forcible - Rape, sodomy, sexual fondling, or sexual assault with objectSex offense, non-forcible - Statutory rape (victim under the legal age of consent) or incestArrests / ReferralsWeapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory innature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons,concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; allattempts to commit any of the aforementioned.Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use,growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium orcocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol,methadones); and dangerous non-narcotic drugs (barbiturates, benzedrine).Liquor Law Violations: The violation of laws or ordinance prohibiting: the manufacture, sale, transporting,furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging;operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegaltransportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of theaforementioned violations. *Public Intoxication and DUI are not reportable incidences
CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)15University of Tennessee Police DepartmentHate CrimesLarceny: The unlawful taking, carrying, leading, or riding away of property from the possession orconstructive possession of another.Vandalism: To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, realor 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 specifiedby local law.Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use ofthreatening words and/or other conduct, but without displaying a weapon or subjecting the victim toactual physical attack.Simple Assault: An unlawful physical attack by one person upon another where neither the offender displaysa weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent brokenbones, loss of teeth, possible internal injury, severe laceration or loss of consciousness.• To your knowledge, was this incident motivated by bias such as race, gender, sexual orientation, religion,ethnicity, or disability• Please describe evidence supporting the conclusion that the incident was motivated by bias
WHAT TO DO AS A CSA• Assist the victim to report the incident to the police• Assist the victim in obtaining help if needed• Document the incident through a CSA Reporting Formhttp://utpolice.utk.edu/files/2013/04/CSA-Reporting-Form.pdf• Send form to UT Police• Police may contact you for additional information if available16University of Tennessee Police Department
HOW ARE CRIME REPORTS USED?• To fulfill the University’s responsibility to disclose Clery crime statistics /information to our community• To issue safety notice (timely warning) for Clery crimes that pose a serious orcontinuing threat to the campus community. Incidents are very situational;however, safety notices may not be posted for incidents where a related arrestoccurred concurrent to the incident, there was a significant time delay betweenthe incident date and report date, or other circumstance that diminished aserious or continuing threat.17University of Tennessee Police Department
SAFETY NOTICE (TIMELY NOTIFICATION / WARNING)• All of us want to be alerted promptly to potentially dangerous criminal situationsnear our homes or workplaces so that we have both the time and informationnecessary to take reasonable precautions.• The Clery Act requires UTK to alert the campus community to certain crimes in amanner that is: Timely• Clery Act does not include a specific numerical requirement• As soon as the pertinent information is available Will aid in the prevention of similar crimes• The majority of complaints for failure to comply with the Clery Act regard failureto provide timely notification.18University of Tennessee Police Department
SAFETY NOTICE• Safety notices must be considered for all Clery Act crimes that are: Reported to CSAs or police; and Determined by the institution to represent a serious and continuing threatto students and employees• Must issue safety notices even when you don’t have all of the facts, can follow-up with additional information• Can be issued for threats to persons (e.g., rape) or property (e.g., motor vehiclethefts), etc.19University of Tennessee Police Department
CONSEQUENCES OF NON-COMPLIANCE• The US Department of Education can issue civil fines up to $35,000 per violationfor substantial misrepresentation of the number, location or nature of crimes tobe reported• Non-compliance can lead to the suspension or limiting the institution’s Title IVeligibility• Negative publicity20University of Tennessee Police Department
21University of Tennessee Police DepartmentRESOURCES• Additional information regarding Clery compliance at UTK can be found athttp://utpolice.utk.edu/clery-act/• General Clery compliance information can be found athttp://www2.ed.gov/admins/lead/safety/campus.html
22University of Tennessee Police DepartmentRESOURCE CONTACTSTroy Lane, Chief of Police email@example.com 865.974.6631Emily Simerly, UT Police Deputy Chief firstname.lastname@example.org 865.974.6631Jeff Maples, Sr. Assoc. Vice Chan. Finance & Admin. email@example.com 865.974.3061Matthew Scoggins, General Counsel firstname.lastname@example.org 865.974.3245Mike Ward, Sr. Assoc. Athletics Director email@example.com 865.974.9190Mike Herbstritt, Human Resources firstname.lastname@example.org 865.974.2889Richard, Bayer, Asst. Provost Enrollment Services email@example.com 865.974.2105William Herb Byrd, Director Ag Extension & Eval. firstname.lastname@example.org 865.974.7245Alisa Meador, Asst. Director Center for Intl. Education email@example.com 865.974.3177Charles Primm, Media Relations firstname.lastname@example.org 865.974.5180The following can also assist you with UTK Clery compliance questions:
23University of Tennessee Police DepartmentREVIEW STATUSIn order to receive credit for your participation in CSA training and assist withUniversity Clery compliance, please click the ‘Review Status’ button at the bottomleft of the web screen and follow the directions provided. Thank you!