Building a compliant clery act program updated june3 2200

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Building a compliant clery act program updated june3 2200

  1. 1. Building a Compliant Clery Act Program University of North Carolina System June 4, 2014 Steven J. Healy Michael N. Webster Margolis Healy & Associates
  2. 2. Keep In TouchConnect with us via: @margolishealy www.facebook.com/margolishealy www.linkedin.com/company/margolis-healy-&-associates www.google.com/+margolishealy www.slideshare.net/margolishealy
  3. 3. © Margolis Healy & Associates, LLC 3 Today’s Roadmap Why We’re Here Clery Act Backgroun d The Requirements Building Your AFSSR Q&A SH
  4. 4. © Margolis Healy & Associates, LLC • From Tragedy comes Change! • Jeanne was murdered April 5, 1986 at Lehigh University in her residence hall room • Connie and Howard believed that families and prospective students hadn’t been warned about history of crimes on campus • The Clery family became ardent advocates for changes in campus crime reporting laws 4 Jeanne Ann Clery SH
  5. 5. © Margolis Healy & Associates, LLC Clery Act Chronology• 1986: Jeanne Clery murdered at Lehigh University • 1988: Pennsylvania Act 73 • 1990: Federal Crime Awareness & Campus Security Act • 1992: Campus Sexual Assault Victims’ Bill of Rights • 1994: Campus Security Act Regulations • 1998: Higher Education Act Amendments • 1999: Clery Act Regulations Issued • 2000: Campus Security Statistics Website • 2002: Campus Sex Crimes Prevention Act • 2005: ED’s Clery Handbook Published • 2008: Higher Education Opportunity Act 2008 • 2009: Final Campus Safety Regulations • 2011: New Handbook for Campus Safety & Security Reporting • 2013: VAWA Amendments to the Clery Act • 2014: Negotiated Rule Making; Not Alone Report; OCR Q&A MW
  6. 6. © Margolis Healy & Associates, LLC Laws, Regs, & Other Stuff• Clery Act codified in 20 U.S.C. § 1092§ -- Institutional and financial assistance information for students − (f) Disclosure of campus security policy and campus crime statistics file://localhost/Users/stevenhealy/Documents/MHA/Clery Compliance Documents/SaVE Act/Redline of Campus SaVE Act.pdf • Regs are published following “rulemaking” and public commentfile://localhost/Users/stevenhealy/Documents/MHA /Clery Compliance Documents/SaVE Act/VAWA FINAL consensus language 4-15-2014.doc 6 SH
  7. 7. © Margolis Healy & Associates, LLC Laws, Regs, & Other Stuff • Handbook published by WESTAT http://www2.ed.gov/admins/lead/safety/ca mpus.html − WESTAT also provides periodic guidance https://surveys.ope.ed.gov/security/HelpDesk EmailView.aspx − and Training http://www2.ed.gov/campus- crime/HTML/cc_off/Contents.html 7 SH
  8. 8. © Margolis Healy & Associates, LLC Enforcement • ED Federal Student Aid Office, Clery Compliance Division, conducts reviews to evaluate compliance − Initiated when a complaint is received − A media event raises certain concerns − An institution’s independent audit identifies serious non compliance − May coincide with state reviews performed by the FBI’s Criminal Justice Information Service (CJIS) Audit Unit. MW
  9. 9. © Margolis Healy & Associates, LLC Enforcement • Generally, two types of reviews: − Part of a general program review of the institution’s federal student aid programs; − Focused strictly on Clery compliance and be an on or off-site examination. • Now, Compliance “Checks” in response to media reports MW
  10. 10. © Margolis Healy & Associates, LLC Enforcement • The maximum fine for any single violation is $35,000 • Largest single fine was the $385,000 (subsequently reduced to $250,000) imposed on Salem International University • The largest fine actually imposed was $357,500 levied on Eastern Michigan University • Lincoln University (Jefferson City, Missouri) recently fined $275,000 MW
  11. 11. © Margolis Healy & Associates, LLC The Landscape A sea change – • Renewed focus on sexual violence • Activism by students, faculty, others • Survivor courage • Evolving legislation & guidance (Clery & TIX) • REALITY – The world is FLAT 11 SH
  12. 12. © Margolis Healy & Associates, LLC
  13. 13. © Margolis Healy & Associates, LLC This is a TSUNAMI! 13
  14. 14. © Margolis Healy & Associates, LLC Clery Act 101 • Publish & distribute an Annual Security Report w/various policy statements, policies and statistics (NLT October 1, each year) • Provide ASR to current students & employees AND inform prospective students & employees about it • Submit crime statistics to U.S. Dept. of Education • Provide timely warnings and emergency notifications to the campus community • Maintain a public, daily log of reported crimes MW
  15. 15. © Margolis Healy & Associates, LLC MHA Checklist • How we approach reviews -- − Examine each discrete policy requirement/element − Assess the ASR for compliance − Look for proof of alignment between ASR & practice − Recommend ways to correct deficiencies − MHA proprietary checklist is foundation file://localhost/Users/stevenhealy/Documents/MHA/ Clery Compliance Documents/Checklists/ASR Checklist_with VAWA.xls SH
  16. 16. © Margolis Healy & Associates, LLC I.Policies re: Prep of Annual Report and Access to Campus II.Policies re: campus law enforcement, security awareness, & crime prevention programming III.Drug and Alcohol Policies IV.Policies re: SA, dating & domestic violence and stalking (including Sex offender information) V.Policies re: Emergency Response & Evac. Procedures VI.Missing Student Notification Procedures VII.Daily Crime Log preparation & maintenance VIII.Fire Safety Report & associated policies1 6 About the Policies SH
  17. 17. © Margolis Healy & Associates, LLC Preparation of the Annual Report • 668.46(b)(2) A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus. SH
  18. 18. © Margolis Healy & Associates, LLC Preparation of the Annual Report REPORTING CRIMES AND OTHER EMERGENCIES The University has a number of ways for campus community members and visitors to report crimes, serious incidents, and other emergencies to the appropriate officials. Regardless of how and where you decide to report these incidents, it is critical for the safety of the entire campus community that you immediately report all incidents so that University Police can investigate the situation and determine if follow-up actions are required, including issuing a Timely Warning or emergency notification. LIST ways to report, including to: University Police (and response) Other offices designated by University Other methods to report (BLP, apps, etc.) Address CSAs SH
  19. 19. © Margolis Healy & Associates, LLC Preparation of the Annual Report • 668.46(b)(2) A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus. This statement must include the institution's policies concerning its response to these reports, including – − 668.46(b)(2)(i) Policies for making timely warning reports to members of the campus community regarding the occurrence of crimes described in para (c) (1) of this section SH
  20. 20. © Margolis Healy & Associates, LLC Preparation of the Annual Report • 668.46(e)(1-3) An institution must, in a manner that is timely and that withholds as confidential the names and other identifying information of victims, as defined in 42 U.S.C 13925(a)(20), and that will aid in the prevention of similar crimes, report to the campus community on crimes that are… • TIMELY WARNING REPORTS – ECSU ALERT − In an effort to provide timely notice to the campus community in the event of a Clery Act crime that may pose a serious or ongoing threat to members of the community, the University Police issues “ECSU Alert.” The University Police will generally issue Timely Warning Reports for the following crimes… SH
  21. 21. © Margolis Healy & Associates, LLC Preparation of the Annual Report • 668.46(b)(2)(ii) Policies for preparing the annual disclosure of crime statistics. − The Clery Act Compliance Committee prepares this report to comply with the Jeanne Clery Disclosure of Campus Security and Crime Statistics Act using information maintained by the University Police, information provided by other University offices such as Student Affairs, Residence Life, and other Campus Security Authorities and information provided by the [your local] Police Department . Each of these offices provides updated policy and crime information. − Describe contents, distribution, & availability of Report MW
  22. 22. © Margolis Healy & Associates, LLC Preparation of the Annual Report • 668.46(b)(2)(iii) A list of the titles of each person or organization to whom students and employees should report the criminal offenses described in para (c)(1) of this section for the purpose of making timely warning reports and the annual statistical disclosure. This statement must also disclose whether the institution has any policies or procedures that allow victim or witnesses to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics, and, if so, a description of those policies and procedures. MW
  23. 23. © Margolis Healy & Associates, LLC Preparation of the Annual Report If crimes are never reported, little can be done to help other members of the community from also being victims. We encourage University community member to report crimes promptly to University Police and to participate in and support crime prevention efforts. The University community will be much safer when all community members participate in safety and security initiatives. Because certain information in police reports is subject to disclosure by public records law, we cannot hold the entire crime report in confidence. Confidential reports for purposes of inclusion in the annual disclosure of crime statistics can generally be made to other campus security authorities as discussed in detail in this report. MW
  24. 24. © Margolis Healy & Associates, LLC • 668.46(b)(2) Procedures for students and others to report criminal actions and other emergencies • 668.46(b)(2)(i) Timely Warning Reports • 668.46(b)(2)(ii) Policies for preparing the Annual Report • 668.46(b)(2)(iii) List of titles where people should report (for the purposes of TWR & annual disclosure) + information about Voluntary, Confidential reporting2 4 Review of 668.46b(2) MW
  25. 25. © Margolis Healy & Associates, LLC • 668.469(b)(3) A statement of current policies concerning security of and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities. 2 5 Security of & Access to Campus 25 MW
  26. 26. © Margolis Healy & Associates, LLC • The University’s campus, administrative buildings are open from 8:00 a.m. until 5:00 p.m., Monday through Friday, and academic buildings generally are open from 7:00 a.m. until 7:00 p.m. Academic buildings are scheduled to be open on weekends only as needed... Security Considerations in the Maintenance of Campus Facilities • The University is committed to campus safety and security. On campus, locks, landscaping and outdoor lighting are designed for safety and security…2 6 Security of & Access to Campus 26 MW
  27. 27. © Margolis Healy & Associates, LLC • 668.46(b)(4) A statement of current policies concerning campus law enforcement that – − Addresses the enforcement authority and jurisdiction of security personnel; − Addresses the working relationship of campus security personnel with State and local police agencies, including –  Whether those security personnel have the authority to make arrests; and  Any agreements, such as written memoranda of understanding between the institution and such agencies, for the investigation of alleged criminal offenses.2 7 Campus Law Enforcement Policies SH
  28. 28. © Margolis Healy & Associates, LLC University Police protects and serves the campus community 24 hours a day, 365 days a year. The Department is responsible for a number of campus safety and security programs including Community Safety and Security Education, physical security, including security technology, behavioral threat assessment, and special event management… 2 8 Campus Law Enforcement Policies SH
  29. 29. © Margolis Healy & Associates, LLC University Police officers are commissioned under the North Carolina law and have the same authority as municipal police officers in North Carolina, being authorized to carry firearms and empowered to make arrests. All criminal incidents are investigated by the University Police and/or in conjunction with the [your local] Police Department or County Sheriff’s Office. We encourage all campus community members to immediately report all crimes that occur on campus or University property to the University Police. 2 9 Campus Law Enforcement Policies SH
  30. 30. © Margolis Healy & Associates, LLC The University Police maintains a cooperative relationship with the State Bureau of Investigations, [your local] Police Department, County Sheriff’s Department and surrounding police agencies. This includes joint training programs, special events coordination, and the investigation of serious crimes. The University has Mutual Aid Agreements with local law enforcement agencies that authorizes police officers and supervisors of the participating agencies to request mutual aid for incidents based upon a reasonable belief that such aid will enhance the public’s and/or officer safety and efficiency. • ADD LANGUAGE ABOUT INVESTIGATING CRIMES3 0 Campus Law Enforcement Policies SH
  31. 31. © Margolis Healy & Associates, LLC • 668.46(b)(4)(iii) Encourages accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies, when the victim of a crime elects to or is unable to make such a report; We encourage all campus community members to immediately report all crimes that occur on campus or University property to the University Police at xxx-xxx-xxxx or at the Police Department offices at xxx Any Where Street. You can also report incidents online at www.xxx.edu 3 1 Campus Law Enforcement Policies SH
  32. 32. © Margolis Healy & Associates, LLC • 668.46(b)(4)(iv) Describes procedures, if any, that encourage pastoral counselors and professional counselors, if and when they deem appropriate, to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. 3 2 Campus Law Enforcement Policies SH
  33. 33. © Margolis Healy & Associates, LLC Pastoral and Professional Counselors The University does not have procedures that encourage pastoral and professional counselors, at their discretion, to inform those they counsel to report crimes on a voluntary, confidential manner for the purposes of collecting crime statistics. As previously disclosed, the University has limited procedures for voluntary, confidential reporting. 3 3 Campus Law Enforcement Policies SH
  34. 34. © Margolis Healy & Associates, LLC • 668.46(b)(5) A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others. 3 4 Security Awareness Programs MW
  35. 35. © Margolis Healy & Associates, LLC Safety Awareness Programs In an effort to promote safety awareness, the University Police maintains a strong working relationship with the community. This relationship includes offering a variety of safety and security programs. If you or your organization would like to request a specific program, please contact University Police at (xxx) xxx-xxxx. Below are some of the programs and services available: List Programs here….and ensure you list the frequency 3 5 Security Awareness Programs MW
  36. 36. © Margolis Healy & Associates, LLC • 668.46(b)(6) A description of programs designed to inform students and employees about the prevention of crimes. 3 6 Crime Prevention Programs MW
  37. 37. © Margolis Healy & Associates, LLC Crime Prevention Programming Several offices at the University offer crime prevention programming aimed at teaching campus community members how to prevent crime and reduce risk. Below you will find a list of the many programs offered throughout the year. List your institution’s programs here. Remember, these are programs offered by the University, not just the Police Department. 3 7 Crime Prevention Programs MW
  38. 38. © Margolis Healy & Associates, LLC • 668.46(b)(7) A statement of policy concerning the monitoring and recording through local police agencies of criminal activity by students at noncampus locations of student organizations officially recognized by the institution, including student organizations with noncampus housing facilities. (wording changed in draft regs) 3 8 Monitoring & Recording MW
  39. 39. © Margolis Healy & Associates, LLC The University relies on its close working relationships with local law enforcement agencies to receive information about incidents involving students and recognized student organizations, on and off campus. In coordination with local law enforcement agencies, the University Police will actively investigate certain crimes occurring on or near campus. If the University Police learns of criminal activity involving students or student organizations, it will coordinate with the appropriate external law enforcement agency to forward information about the situation to the Office of Student Conduct, as appropriate.3 9 Monitoring & Recording MW
  40. 40. © Margolis Healy & Associates, LLC • 668.46(b)(8) A statement of policy regarding the possession, use and sale of alcoholic beverage and enforcement of State underage drinking laws. • 668.46(b)(9) A statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws • 668.46(b)(10) A description of any drug or alcohol- abuse education programs, as required under section 120(a) through (d) of the HEA. For the purpose of meeting this requirement, an institution may cross-reference the materials the institution uses to comply with section 120(a) through (d) of the HEA.4 0 Drug & Alcohol Policies MW
  41. 41. © Margolis Healy & Associates, LLC POLICIES GOVERNING ALCOHOL AND OTHER DRUGS Federal law requires the University to notify annually all faculty, staff, and students that the University prohibits the unlawful possession, use, manufacture or distribution of alcohol or controlled substances by students, faculty, staff, and guests in buildings, facilities, grounds or property controlled by the University or used as part of University activities. For students, this includes prohibiting the possession and consumption of any beverage containing alcohol in a residence hall room. In addition, the smoking of any material is prohibited in all University facilities. − List all policies re: Drugs & Alcohol − If you elect to cross-reference, ensure your DFSCR notices are compliant4 1 Drug & Alcohol Policies MW
  42. 42. © Margolis Healy & Associates, LLC • Useful information regarding the Drug Free Schools and Communities Act (DFSCA) and the Drug Free Schools and Campuses Regulations − http://counsel.cua.edu/fedlaw/dfsca.cfm − http://www.naicu.org/docLib/20100108_DrugAlco holAbuseRegs.pdf − file://localhost/Users/stevenhealy/Documents/MH A/Clery Compliance Documents/Drug Free Schools/DFSCR_compliance-checklist.pdf 4 2 Drug & Alcohol Policies MW
  43. 43. © Margolis Healy & Associates, LLC • 668.46(b)(13) A statement of policy regarding emergency response and evacuation procedures, as described in paragraph (g) of this section. • 668.46(g) Emergency response and evacuation procedures. An institution must include a statement of policy regarding its emergency response and evacuation procedures in the annual security report. This statement must include - 4 3 ER&E SH
  44. 44. © Margolis Healy & Associates, LLC • Required Elements: − Emergency Notification − 668.46(g)(6) The institution's procedures to test the emergency response and evacuation procedures on at least an annual basis, including –  668.46(g)(6)(i) Tests that may be announced or unannounced;  668.46(g)(6)(ii) Publicizing its emergency response and evacuation procedures in conjunction with at least one test per calendar year; and  668.46(g)(6)(iii) Documenting, for each test, a description of the exercise, the date, time, and whether it was announced or unannounced.4 4 ER&E SH
  45. 45. © Margolis Healy & Associates, LLC • Emergency Notifications – Required Policy Elements − 668.46(g)(1) The procedures the institution will use to immediately notify the campus community 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; 4 5 ER&E SH
  46. 46. © Margolis Healy & Associates, LLC • Emergency Notifications – Required Policy Elements − 668.46(g)(2) A description of the process the institution will use to --  668.46(g)(2)(i) Confirm the Existence of a Significant Emergency or Dangerous Situation and Initiating the Emergency Notification System  668.46(g)(2)(ii) Determine the Appropriate Segment or Segments of the Campus Community to Receive an Emergency Notification  668.46(g)(2)(iii) Determine the Contents of the Emergency Notification  668.46(g)(2)(iv) Initiate the notification system4 6 ER&E SH
  47. 47. © Margolis Healy & Associates, LLC • Emergency Notifications – Required Policy Elements − 668.46(g)(3) A statement that the institution will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency 4 7 ER&E SH
  48. 48. © Margolis Healy & Associates, LLC • Emergency Notifications – Required Policy Elements − 668.46(g)(4) A list of titles of the person or persons or organization or organizations responsible for carrying out the actions described in paragraph (g)(2) of this section − 668.46(g)(5) The institution's procedures for disseminating emergency information to the larger community − Enrolling in the University’s Emergency Notification System (not required, but suggested)4 8 ER&E SH
  49. 49. © Margolis Healy & Associates, LLC Emergency Management at My University The Office of Emergency Management is responsible for the Emergency Operations Plan (EOP). This plan is designed to be an all-hazards disaster response and emergency management plan that includes planning, mitigation, response, and recovery actions. Our priorities are: 1. xx 2. xx 3. xx 4 9 ER&E SH
  50. 50. © Margolis Healy & Associates, LLC • EMERGENCY RESPONSE AND EVACUATION PROCEDURES − file://localhost/Users/stevenhealy/Documents/MHA/Cl ery Compliance Documents/TWR & Emergency Notification/Emergency Notification/Sample_Emergency_Notification_policy_ 1.pdf 5 0 ER&E SH
  51. 51. © Margolis Healy & Associates, LLC 5 1 10 Minute Break
  52. 52. © Margolis Healy & Associates, LLC • 668.46(b)(14) A statement of policy regarding missing student notification procedures, as described in paragraph (h) of this section. • 668.46(h)(1) An institution that provides any on-campus student housing facility must include a statement of policy regarding missing student notification procedures for students who reside in on-campus student housing facilities in its annual security report. This statement must -- 5 2 Missing Student Notification Procedures MW
  53. 53. © Margolis Healy & Associates, LLC • http://counsel.cua.edu/missing.cfm • http://www.ecsu.edu/universitypolice/docs/annu al_safety_fire_report.pdf 5 3 Missing Student Notification Procedures MW
  54. 54. © Margolis Healy & Associates, LLC • 668.46(f)(1) An institution that maintains a campus police or a campus security department must maintain a written, easily understood daily crime log that records, by the date the crime was reported, any crime that occurred on campus, on a noncampus building or property, or within the patrol jurisdiction of the campus police or the campus security department and is reported to the campus police or the campus security department. This log must include-5 4 The Daily Crime Log SH
  55. 55. © Margolis Healy & Associates, LLC • 668.46(f)(1)(i) The nature, date, time, and general location of each crime; • 668.46(f)(1)(ii) The deposition of the complaint, if known. • 668.46(f)(2) The institution must make an entry or an addition to an entry to the log within two business days, as defined under paragraph (a) of this section, of the report of the information to the campus police or the campus security department, unless that disclosure is prohibited by law or would jeopardize the confidentiality of the victim. 5 5 The Daily Crime Log SH
  56. 56. © Margolis Healy & Associates, LLC • 668.46(f)(3)(i) An institution may withhold information required under paragraphs (f)(1) and (2) of this section…(under certain circumstances) • 668.46(f)(3)(i)(A) Jeopardize and ongoing criminal investigation or the safety of an individual; • 668.46(f)(3)(i)(B) Cause a suspect to flee or evade detection; or • 668.46(f)(3)(i)(C) Result in the destruction of evidence. • 668.46(f)(3)(ii) The institution must disclose any information withheld under paragraph (f)(3)(I) of this section once the adverse effect described in that paragraph is no longer likely to occur.5 6 The Daily Crime Log SH
  57. 57. © Margolis Healy & Associates, LLC • 668.46(f)(4) An institution may withhold under paragraphs (f)(2) and (3) of this section only that information that would cause the adverse effects described in those paragraphs. • 668.46(f)(5) The institution must make the crime log for the most recent 60-day period open to public inspection during normal business hours. The institution must make any portion of the log older than 60 days available within two business days of a request for public inspection 5 7 The Daily Crime Log SH
  58. 58. © Margolis Healy & Associates, LLC • Contains All Reported Crimes • Logged Only if Reported to Police/Security • Logged as soon as it is reported • May Include Wider Geographic Area  On Campus Buildings and Property  Non-Campus  Public Property  Department Patrol Jurisdiction 5 8 Crime Log – Reporting Requirements SH
  59. 59. © Margolis Healy & Associates, LLC • Nature Of The Crime • Date/Time Occurred • Date/Time Reported 5 9 • General Location • Disposition • Recorded in Order Received Daily Crime Log Must Include SH
  60. 60. © Margolis Healy & Associates, LLC • UCR Definitions Not Required • State Crime Categories Permissible  Use Easily Understood Definitions  “Simple Assault” or “Rape”  Don’t Use State Penal Codes or Citation Numbers • Detailed Description Desirable  Who Involved And What Happened 6 0 The Nature of the Crime 60 SH
  61. 61. © Margolis Healy & Associates, LLC • Use a Meaningful Description • Be Specific Enough – Not Generic • Do Not Disclose Personally Identifying information 6 1 General Location SH
  62. 62. © Margolis Healy & Associates, LLC • Include Status – if Known  Open  Pending  Closed  Disciplinary Referral  Unfounded • Log Can Only Be Updated  Do Not Delete Entries  Recorded within 2 Business Day of Report  Update Entries for 60 Days After Reported 6 2 Disposition of the Complaint SH
  63. 63. © Margolis Healy & Associates, LLC • Hard or Electronic Copy • On-Site at Each Campus • Most Recent 60 Days • During Normal Business Days/Hours • Within 2 Business Days of a Request 6 3 Making The Log Available SH
  64. 64. © Margolis Healy & Associates, LLC Daily Crime and Fire Log University Police maintains a combined Daily Crime and Fire Log of all incidents reported to the Department. University Police publishes an activity log every day, which is available to members of the press and public. This log identifies the type, location, and time of each criminal incident reported to University Police. The most current 60 days of information is available in the lobby of the University Police Building located at the xx Building on xx Drive. Upon request a copy of any maintained Daily Crime and Fire Log will be made available for viewing, within 48 hours of notice. The Daily Crime and Fire Log is also displayed on the University Police webpage seen below…6 4 The Daily Crime Log Statement SH
  65. 65. © Margolis Healy & Associates, LLC 6 5 Sample Public Crime Log SH
  66. 66. © Margolis Healy & Associates, LLC 6 6 66 SH
  67. 67. © Margolis Healy & Associates, LLC • 668.46 (c) Crimes that must be reported and disclosed. An institution must report to the Department and disclose in its annual security report statistics for the three most recent calendar years concerning the number of each of the following crimes that occurred on or within its Clery Geography and that are reported to local police agencies or to a campus security authority: 6 7 Disclosing Crime Data SH
  68. 68. © Margolis Healy & Associates, LLC • 668.46(c)(2)(i) An institution must include in its crime statistics all crimes reported to a campus security authority for purposes of Clery Act reporting. Clery Act reporting does not require initiating an investigation or disclosing identifying information about the victim, as defined in 42 U.S.C. 13925(a)(20). • 668.46(c)(2)(ii) An institution may not withhold, or subsequently remove, a reported crime from its crime statistics based on a decision by a court, coroner, jury, prosecutor, or other similar6 8 Disclosing Crime Data SH
  69. 69. © Margolis Healy & Associates, LLC When is a Crime Considered “Reported?” “A crime is reported when it is brought to the attention of a campus security authority or the local police by a victim, witness, other third party, or even the offender.” • An institution must disclose crime reports regardless of whether any of the individuals involved in either the crime itself, or in the reporting of the crime, are associated with the institution. 6 9 SH
  70. 70. © Margolis Healy & Associates, LLC When is a Crime Considered “Reported?” • 668.46(c)(2) All reported crimes must be recorded. • 668.46(c)(2)(i) An institution must include in its crime statistics all crimes reported to a campus security authority for purposes of Clery Act reporting. Clery Act reporting does not require initiating an investigation or disclosing identifying information about the victim, as defined in 42 U.S.C. 13925(a)(20). (new language from draft regs) • 668.46(c)(2)(ii) An institution may not withhold, or subsequently remove, a reported crime from its crime statistics based on a decision by a court, coroner, jury, prosecutor, or other similar noncampus official. (new) 7 0 SH
  71. 71. © Margolis Healy & Associates, LLC 1. Primary Crimes 2. Arrests & disciplinary action 3. Hate Crimes 4. Dating Violence, Domestic Violence & Stalking 7 1 4 General Categories SH
  72. 72. © Margolis Healy & Associates, LLC 1. Criminal Homicide • Murder & Non- Negligent Manslaughter • Negligent Manslaughter 2. Sex Offenses • Rape • Fondling • Incest • Statutory rape 3. Robbery 4. Aggravated Assault 5. Burglary 6. Motor Vehicle Theft 7. Arson + Arrests/Referrals + Hate Crimes + Domestic Violence Dating Violence Stalking7 2 7 Clery Act Crimes 7 2 SH
  73. 73. © Margolis Healy & Associates, LLC 7 3 • 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.  Rape  Fondling  Incest  Statutory Rape Ensure you classify offenses according to most recent Handbook and/or Regs Sex Offenses SH
  74. 74. © Margolis Healy & Associates, LLC • Illegal weapons possession • Violations of drug laws • Violations of liquor laws 7 4 Arrests & Referrals for Disciplinary Action SH
  75. 75. © Margolis Healy & Associates, LLC 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. 7 5 Definition of Referrals SH
  76. 76. © Margolis Healy & Associates, LLC • Receiving official must  initiate disciplinary action  record must be kept • Not necessary that referrals  originate with police or that  a sanction be imposed • Count referrals  within required geographic areas  weapons, drug, and liquor law violations separately  Educational & counseling sanctions count • Do Not combine statistics for arrests and referrals7 6 Important Elements of Referrals 76 SH
  77. 77. © Margolis Healy & Associates, LLC • Include any of the above crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias.  Race  Gender  Religion  National Origin (new)  Sexual Orientation  Gender Identity (new)  Ethnicity  Disability7 7 Hate Crimes 77 SH
  78. 78. © Margolis Healy & Associates, LLC • Also include any of these crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias.  Larceny-Theft  Simple Assault  Intimidation  Destruction/Damage/Vandalism of Property (Except Arson)  Any Other Crime Involving Bodily Injury 7 8 Hate Crimes SH
  79. 79. © Margolis Healy & Associates, LLC • 668.46(c)(9)(ii) In counting sex offenses, the Hierarchy Rule does not apply. For example, if a victim is both raped and murdered in a single incident, then an institution must include both the rape and the murder in its statistics. 7 9 Hierarchy Rule Exceptions: Sex Offenses SH
  80. 80. © Margolis Healy & Associates, LLC • Domestic violence – 42 USC § 13925(a)(6)/(8)  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 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.8 0 Collecting and Disclosing Crime Data MW
  81. 81. © Margolis Healy & Associates, LLC • Dating violence – 42 USC § 13925(a)(8)/(10)  The term "dating violence" means violence committed by a person-- (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The reporting party’s statement; (ii) The length of the relationship; (iii) The type of relationship; (iv) The frequency of interaction between the persons involved in the relationship. 8 1 Collecting and Disclosing Crime Data MW
  82. 82. © Margolis Healy & Associates, LLC • Stalking – 42 USC § 13925(a)(24)/(30)  The term "stalking" means engaging in a course of conduct directed at a specific person that would cause a reasonable person to— (A) fear for his or her safety or the safety of others; or (B) suffer substantial emotional distress. 8 2 Collecting and Disclosing Crime Data MW
  83. 83. © Margolis Healy & Associates, LLC • When recording stalking by location, an institution must follow the requirements in paragraph (c)(6) of this section. • 668.46(c)(6)(i) When recording reports of stalking that include activities in more than one calendar year, an institution must record a crime statistic only for the calendar year in which the course of conduct was first reported to a local police agency or to a campus security authority. If the course of conduct continues in a subsequent year, it must be recorded for that year. 8 3 Collecting and Disclosing Crime Data MW
  84. 84. © Margolis Healy & Associates, LLC • 668.46(c)(6)(ii) An institution must record each report of stalking as occurring at only the first location within the institution’s Clery Geography in which: • 668.46(c)(6)(ii)(A) A perpetrator engaged in the stalking course of conduct; or • 668.46(c)(6)(ii)(B) A victim first became aware of the stalking. • 668.46(c)(6)(iii) A report of stalking must be counted as a new and distinct crime and is not associated with a previous report of stalking when the stalking behavior continues after an official intervention including, but not limited to, an institutional disciplinary action or the issuance of a no-contact order, restraining order or any warning by the institution or a court.8 4 Collecting and Disclosing Crime Data MW
  85. 85. © Margolis Healy & Associates, LLC • Do not differentiate between attempted and completed crimes. • Only exception - attempted murder  Classify as aggravated assaults rather than homicides. 8 5 Attempted Crimes MW
  86. 86. © Margolis Healy & Associates, LLC • Unfounded Crimes  If an investigation shows that no offense occurred nor was attempted, the reported offense can be “unfounded” for UCR purposes  Only sworn law enforcement may “unfound” a crime 8 6 MW Unfounding Crimes
  87. 87. © Margolis Healy & Associates, LLC • Status (student, non-student, employee) of victim and or perpetrator is irrelevant • Statistics must not identify alleged victim or perpetrator • VAWA amendments specifically state that Timely Warning Reports must “withhold(s) the names of victims as confidential” 8 7 Personal Identification Elements MW
  88. 88. © Margolis Healy & Associates, LLC • Fire Safety Standards and Measures  Annual Fire Safety Report on student housing, including statistics on:  # of fires and cause;  # of injuries that result in treatment at a medical facility;  # of deaths related to a fire; and,  Value of property damaged by a fire; 8 8 Fire Safety Requirements MW
  89. 89. © Margolis Healy & Associates, LLC • Annual Fire Safety Report (con’t)  Description of on-campus student housing facility fire safety system;  # of mandatory supervised fire drills;  Policies or rules on electrical devices, smoking, etc. & fire safety education programs;  Future improvements planned 8 9 Fire Safety Requirements MW
  90. 90. © Margolis Healy & Associates, LLC • Current Information to Campus Community  Fire Safety Log  All fires in on-campus student housing, including nature, date, time, and general location;  Annual report to the community on such fires  You may combine the Fire Safety Log with the Daily Crime log 9 0 Fire Safety Requirements MW
  91. 91. © Margolis Healy & Associates, LLC 9 1 LUNCH
  92. 92. © Margolis Healy & Associates, LLC • A cautionary note: • Regs are in DRAFT form • Nevertheless, institutions are still required to make a good faith effort to comply • https://surveys.ope.ed.gov/security/imag es/Instructions/EA Clery and VAWA final.pdf 9 2 VAWA Amendments MW
  93. 93. © Margolis Healy & Associates, LLC • 668.46(b)(11) A statement of policy regarding the institution's programs to prevent dating violence, domestic violence, sexual assault, and stalking and of procedures that the institution will follow when one of these crimes is reported. The statement must include-- 9 3 VAWA Amendments MW
  94. 94. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(i) A description of the institution’s educational programs and campaigns to promote the awareness of dating violence, domestic violence, sexual assault, and stalking, as required by paragraph (j) of this section; 94 MW
  95. 95. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)((11)(ii) Procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred, including written information about– • 668.46(b)(11)(ii)(A) The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order; • 668.46(b)(11)(ii)(B) How and to whom the alleged offense should be reported; 95 MW
  96. 96. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)((11)(ii) Procedures victims should follow if a crime of dating violence, domestic violence, sexual assault, or stalking has occurred, including written information about– • 668.46(b)(11)(ii)(A) The importance of preserving evidence that may assist in proving that the alleged criminal offense occurred or may be helpful in obtaining a protection order; • 668.46(b)(11)(ii)(B) How and to whom the alleged offense should be reported; 96 MW
  97. 97. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(ii)(C) Options about the involvement of law enforcement and campus authorities, including notification of the victim’s option to– • 668.46(b)(11)(ii)(C)(1) Notify proper law enforcement authorities, including on-campus and local police; • 668.46(b)(11)(ii)(C)(2) Be assisted by campus authorities in notifying law enforcement authorities if the victim so chooses; and • 668.46(b)(11)(ii)(C)(3) Decline to notify such authorities; and 97 MW
  98. 98. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(ii)(D) Where applicable, the rights of victims and the institution’s responsibilities for orders of protection, no contact orders, restraining orders, or similar lawful orders issued by a criminal, civil, or tribal court or by the institution. 98 MW
  99. 99. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(iii) Information about how the institution will protect the confidentiality of victims and other necessary parties, including how the institution will— • 668.46(b)(11)(iii)(A) Complete publicly available record-keeping and, for purposes of Clery Act reporting and disclosure, without the inclusion of identifying information about the victim, as defined in 42 U.S.C. 13925(a)(20); and • 668.46(b)(11)(iii)(B) Maintain as confidential any accommodations or protective measures provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the institution to provide the accommodations or protective measures. 99 MW
  100. 100. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(iv) A statement that the institution will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, and other services available for victims, both within the institution and in the community; 100 MW
  101. 101. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(v) A statement that the institution will provide written notification to victims about options for, and available assistance in, changing academic, living, transportation, and working situations. The institution must make such accommodations if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to campus police or local law enforcement. 101 MW
  102. 102. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(vi) An explanation of the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking, as required by paragraph (k) of this section; and 102 MW
  103. 103. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(b)(11)(vii) A statement that, when a student or employee reports to the institution that the student or employee has been a victim of dating violence, domestic violence, sexual assault, or stalking, whether the offense occurred on or off campus, the institution will provide the student or employee a written explanation of the student’s or employee’s rights and options, as described in paragraphs (b)(11)(ii) through (vi) of this section. 103 MW
  104. 104. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j) Programs to prevent dating violence, domestic violence, sexual assault, and stalking. As required by paragraph (b)(11) of this section, an institution must include in its annual security report a statement of policy that addresses the institution’s programs to prevent dating violence, domestic violence, sexual assault, and stalking. 104 MW
  105. 105. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j) The statement must include– • 668.46(j)(1)(i) A description of the institution’s primary prevention and awareness programs for all incoming students and new employees, which must include— • 668.46(j)(1)(i)(A) A statement that the institution prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking; • 668.46(j)(1)(i)(B) The definition of “dating violence,” “domestic violence,” “sexual assault,” and “stalking” in the applicable jurisdiction; 105 MW
  106. 106. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(1)(i)(C). The definition of “consent,” in reference to sexual activity, in the applicable jurisdiction; • 668.46(j)(1)(i)(D) A description of safe and positive options for bystander intervention; • 668.46(j)(1)(i)(E) Information on risk reduction; and • 668.46(j)(1)(i)(F) The information described in paragraphs (b)(11) and (k)(2). • 668.46(j)(1)(ii) A description of the institution’s ongoing prevention and awareness campaigns for students and employees, including information described in paragraph (j)(1)(i)(A) through (j)(1)(i)(F). 106 MW
  107. 107. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2) For the purposes of this paragraph– • 668.46(j)(2)(i) Awareness programs means community-wide or audience-specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. 107 MW
  108. 108. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2)(ii) Bystander intervention means safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene. 108 MW
  109. 109. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2)(iii) Ongoing prevention and awareness campaigns means programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the institution and including information described in paragraph (j)(1)(i)(A) through (j)(1)(i)(F). 109 MW
  110. 110. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2)(iv) Primary prevention programs means programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. 110 MW
  111. 111. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2)(v) Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. 111 MW
  112. 112. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(j)(2)(v) Risk reduction means options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence. • 668.46(j)(3) An institution’s programs to prevent dating violence, domestic violence, sexual assault, and stalking must include, at a minimum, the information described in paragraph (j)(1) of this section. 112 MW
  113. 113. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k) Procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking. As required by paragraph (b)(11)(vi) of this section, an institution must include in its annual security report a clear statement of policy that addresses the procedures for institutional disciplinary action in cases of alleged dating violence, domestic violence, sexual assault, or stalking and that-- 113 SH
  114. 114. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(1)(i) Describes each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision- making process for each type of disciplinary proceeding; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking; 114 SH
  115. 115. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(1)(i) Describes each type of disciplinary proceeding used by the institution; the steps, anticipated timelines, and decision- making process for each type of disciplinary proceeding; and how the institution determines which type of proceeding to use based on the circumstances of an allegation of dating violence, domestic violence, sexual assault, or stalking; 115 SH
  116. 116. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(1)(ii) Describes the standard of evidence that will be used during any institutional disciplinary proceeding arising from an allegation of dating violence, domestic violence, sexual assault, or stalking; • 668.46(k)(1)(iii) Lists all of the possible sanctions that the institution may impose following the results of any institutional disciplinary proceeding for an allegation of dating violence, domestic violence, sexual assault, or stalking; and • 668.46(k)(1)(iv) Describes the range of protective measures that the institution may offer following an allegation of dating violence, domestic violence, sexual assault, or stalking; 116 SH
  117. 117. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(2) Provides that the proceedings will– • 668.46(k)(2)(i) Include a prompt, fair, and impartial process from the initial investigation to the final result; • 668.46(k)(2)(ii) Be conducted by officials who at a minimum receive annual training on the issues related to dating violence, domestic violence, sexual assault, and stalking and on how to conduct an investigation and hearing process that protects the safety of victims and promotes accountability; 117 SH
  118. 118. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(2)(iii) Provide the accuser and the accused with the same opportunities to have others present during any institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by the advisor of their choice; • 668.46(k)(2)(iv) Not limit the choice of advisor or presence for either the accuser or the accused in any meeting or institutional disciplinary proceeding; however, the institution may establish restrictions regarding the extent to which the advisor may participate in the proceedings, as long as the restrictions apply equally to both parties; and118 SH
  119. 119. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(k)(2)(v) Require simultaneous notification, in writing, to both the accuser and the accused, of-- • 668.46(k)(2)(v)(A) The result of any institutional disciplinary proceeding that arises from an allegation of dating violence, domestic violence, sexual assault, or stalking; • 668.46(k)(2)(v)(B) The institution’s procedures for the accused and the victim to appeal the result of the institutional disciplinary proceeding, if such procedures are available; • 668.46(k)(2)(v)(C) Any change to the result; and • 668.46(k)(2)(v)(D) When such results become final.119 SH
  120. 120. © Margolis Healy & Associates, LLC VAWA Amendments • Sections 668.46(k)(3) - 668.46(k)(3)(iv) provide definitions of “reasonably prompt timeframes,” “advisor,” “proceedings,” etc. 120 SH
  121. 121. © Margolis Healy & Associates, LLC VAWA Amendments • 668.46(m) Prohibition on retaliation. An institution, or an officer, employee, or agent of an institution, may not retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision in this section. 121 SH
  122. 122. © Margolis Healy & Associates, LLC 1 2 2 10 Minute Break
  123. 123. © Margolis Healy & Associates, LLC • An institution “lacks the ability and/or willingness to properly administer the Title IV Federal student financial aid programs.” • Omissions and/or inadequacies in an institution’s ASR and AFSR Policy Statements; failing to develop or include “numerous required statements of policy, procedure, practice, and programs” in its ASRs • Failure to comply with Timely Warning requirements 1 2 3 Consistent Challenges SH
  124. 124. © Margolis Healy & Associates, LLC • Violations related to Classification of Reported Crimes and Disclosure of Crime Statistics, including over-reporting • Problems with the Daily Crime Log • Procedural deficiencies with Sexual Assault Policies • Clery Geographic boundaries not defined/defined inaccurately 128. Slide 128 • Failure to comply with ER&E provisions 1 2 4 Consistent Challenges MW
  125. 125. © Margolis Healy & Associates, LLC • Is permanent • Offers programs leading to a degree • Has its own:  faculty  administrative body  budgetary and hiring authority 1 2 5 A Branch is independent if it... MW
  126. 126. © Margolis Healy & Associates, LLC • Is an academic division that:  Offers an organized study program  Not contiguous to the main campus  May include:  Business  Law School  Medical 1 2 6 An Administrative Division is: MW
  127. 127. © Margolis Healy & Associates, LLC • Special Considerations  The institution has a written agreement for a location used to offer one or more classes  The institution has a written agreement for a location used to house its students  The institution makes repeated use of a location  The institution sponsors short-stay “away” trips for its students https://surveys.ope.ed.gov/security/HelpDeskEma ilView.aspx1 2 7 Study Abroad Programs & Foreign Campuses MW
  128. 128. © Margolis Healy & Associates, LLC 10 Minute Break 1 2 8
  129. 129. © Margolis Healy & Associates, LLC • file://localhost/Users/stevenhealy/Docum ents/MHA/Clery Compliance Documents/Report Templates/AFSSR Template_October 2013 references included.docx 1 2 9 Using the MHA Template
  130. 130. © Margolis Healy & Associates, LLC Current Students & Employees 668.41(e)(1) • Must Include:  A statement of the report's availability  A list and brief description of the content  Exact electronic address (URL)  Statement that a paper copy will be provided upon request 1 3 0 Distributing Your ASR SH
  131. 131. © Margolis Healy & Associates, LLC Prospective Students & Employees • 668.41(e)(4) Prospective students and prospective employees-annual security report. The institution must provide a notice to prospective students and prospective employees that includes a statement of the report's availability, a description of its contents, and an opportunity to request a copy. An institution must provide its annual security report, upon request, to a prospective student or prospective employee. If the institution chooses to provide its annual security report to prospective students and prospective employees by posting the disclosure on an Internet website, the notice described in this paragraph must include the exact electronic address at which the report is posted, a brief description of the report, and a statement that the institution will provide a paper copy of the report upon request. 1 3 1 Distributing Your ASR SH
  132. 132. © Margolis Healy & Associates, LLC • The exact address wherein the report lies –  cannot be the institution's homepage. • Do not have to provide every element of the annual security report. • Permissible to provide links to other pages that provide information on additional required elements or resources such as:  crime log  annual security reports for other campuses  local victim assistance agencies. 1 3 2 An Exact URL 132 SH
  133. 133. © Margolis Healy & Associates, LLC A copy of (name of institution) annual security report. This report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by (name of institution); and on public property within, or immediately adjacent to and accessible from, the campus. The report also includes institutional policies concerning campus security, such as policies concerning sexual assault, and other matters. You can obtain a copy of this report by contacting (name of office) or by accessing the following web site (address of web site).1 3 3 ASR Sample Notice of Availability SH
  134. 134. © Margolis Healy & Associates, LLC • Copies Of Crime Reports • Daily Crime Log • Arrests and Referrals For Disciplinary Action • Timely Warning Reports • Letters To/From Campus Security Authorities • Letters To/From Local Police • ED Correspondence On Clery Act Items • ASR Availability Notices To Students And1 3 4 Records to Retain 134 SH
  135. 135. © Margolis Healy & Associates, LLC • Policies, policy statements • VAWA Amendments • Consistent Challenges • Using the template to build your ASR 1 3 5 Program Summary SH
  136. 136. © Margolis Healy & Associates, LLC 1 3 6 Thank You!

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