CLERY CAMPUS SECURITY AUTHORITY
Presented by: University of TN Police Department
HISTORY OF THE CLERY ACT
• Jeanne Clery was tortured, raped and murdered in her dorm room at Lehigh
University in 1986. He...
CLERY ACT
• The Clery Act is a federal statute that requires the University to:
 Disclose policy information relating to ...
CRIME STATISTICS & CAMPUS SECURITY AUTHORITIES
• In an ideal world all crimes would be reported through defined channels t...
CRIMES THAT MUST BE REPORTED UNDER CLERY
• There are 3 categories of offenses that are subject to Clery reporting. We will...
CRIMES THAT MUST BE REPORTED UNDER CLERY
• Category #2: The below listed crimes are subject to reporting only if the
motiv...
CRIMES THAT MUST BE REPORTED UNDER CLERY
• Category #3: Violations of Law Resulting in Arrests or Referrals for Campus
Dis...
LOCATION, LOCATION, LOCATION
• Clery Act reporting is not based on WHO the victim or assailant is, but on WHERE the crime
...
CSA CONSIDERATIONS
• If a Clery crime is reported to you, encourage the reporting party to notify UTPD
immediately. As a C...
CSA CONSIDERATIONS CONT.
• If you receive crime information and believe it was provided in good faith, then
you should doc...
WHEN IN DOUBT
• Report! Even if unsure whether incident is a Clery crime or a crime at all
• Report! Even if unsure if the...
CSA REPORTING FORM
• The CSA reporting form can be located online at
http://utpolice.utk.edu/files/2013/04/CSA-Reporting-F...
CSA REPORTING FORM – INCIDENT CLASSIFICATION
13University of Tennessee Police Department
Clery Incident Classification
Def...
CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)
14University of Tennessee Police Department
Clery Incident Classifica...
CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)
15University of Tennessee Police Department
Arrests / Referrals
Weapo...
CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.)
16University of Tennessee Police Department
Hate Crimes
Larceny: The ...
WHAT TO DO AS A CSA
• Assist the victim to report the incident to the police
• Assist the victim in obtaining help if need...
HOW ARE CRIME REPORTS USED?
• To fulfill the University’s responsibility to disclose Clery crime statistics /
information ...
SAFETY NOTICE (TIMELY NOTIFICATION / WARNING)
• All of us want to be alerted promptly to potentially dangerous criminal si...
SAFETY NOTICE
• Safety notices must be considered for all Clery Act crimes that are:
 Reported to CSAs or police; and
 D...
CONSEQUENCES OF NON-COMPLIANCE
• The US Department of Education can issue civil fines up to $35,000 per violation
for subs...
22University of Tennessee Police Department
RESOURCES
• Additional information regarding Clery compliance at UTK can be fo...
23University of Tennessee Police Department
RESOURCE CONTACTS
Troy Lane, Chief of Police tlane15@utk.edu 865.974.6631
Emil...
24University of Tennessee Police Department
REVIEW STATUS
In order to receive credit for your participation in CSA trainin...
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Clery compliance csa online training template sept 2013

  1. 1. CLERY CAMPUS SECURITY AUTHORITY Presented by: University of TN Police Department
  2. 2. HISTORY OF THE CLERY ACT • Jeanne Clery was tortured, raped and murdered in her dorm room at Lehigh University in 1986. Her killer was another student. • Her parents believed she would have been more cautious if she had known about other violent crimes at Lehigh. They found that only 4% of colleges/universities reported crime on their campuses to the FBI. • The Clerys went to work to mandate that all colleges and universities disclose crimes that occur on their campuses, and prepare an annual campus security report that shows the crime statistics and what security measures are taking place on campus. In 1990, the Campus Security Act was passed. It was later renamed the Clery Act. 2University of Tennessee Police Department
  3. 3. CLERY ACT • The Clery Act is a federal statute that requires the University to:  Disclose policy information relating to campus security and crime statistics as 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, and missing students • In a post-campus crisis, one of the most common questions is whether the university complied with the Clery Act (e.g., VA Tech) 3University of Tennessee Police Department
  4. 4. CRIME STATISTICS & CAMPUS SECURITY AUTHORITIES • In an ideal world all crimes would be reported through defined channels to the appropriate law enforcement agency • To ensure that campus crime is not underreported, the Clery Act requires campus crime statistics to include any crimes that are reported to “campus security authorities” • Campus security authorities include “any university official who has significant responsibility for student and campus activities” • Your position has been identified as a campus security authority 4University of Tennessee Police Department
  5. 5. CRIMES THAT MUST BE REPORTED UNDER CLERY • There are 3 categories of offenses that are subject to Clery reporting. We will review 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  Arson  Dating violence  Domestic violence  Stalking 5University of Tennessee Police Department
  6. 6. CRIMES THAT MUST BE REPORTED UNDER CLERY • Category #2: The below listed crimes are subject to reporting only if the motivating factor for the crime was bias  Larceny-theft  Simple assault  Intimidation  Destruction/damage/vandalism of property • “Bias” is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, disability, sexual orientation, ethnicity, or national origin 6University of Tennessee Police Department
  7. 7. CRIMES THAT MUST BE REPORTED UNDER CLERY • Category #3: Violations of Law Resulting in Arrests or Referrals for Campus Disciplinary 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 for the jurisdiction in which the incident occurred. • On UTK campus, actions referred for discipline are handled through the Office of Student Judicial Affairs. Judicial Affairs reports those incidents in the Annual Security Report. 7University of Tennessee Police Department
  8. 8. LOCATION, LOCATION, LOCATION • Clery Act reporting is not based on WHO the victim or assailant is, but on WHERE the crime occurred  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 Property: property owned or controlled by the university within the same reasonably continuous geographic area and that supports the university’s education mission or is frequently 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: public property within or immediately adjacent to and accessible from campus (e.g., streets, sidewalks) 3. Non-Campus property: property owned or controlled by the university, not reasonably contiguous to geographic area of the university, used in direct support of educational purpose or frequented by students. Examples of non-campus properties include the new recreational fields on Sutherland Avenue and classrooms used on a consistent basis by the study abroad programs. • A map of Clery defined on campus and public properties can be located at: http://utpolice.utk.edu/files/2013/03/CLERY-Map.pdf 8University of Tennessee Police Department
  9. 9. CSA CONSIDERATIONS • If 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 obligation has been met and no further Clery reporting action is required. • Tennessee law mandates additional reporting by any person who has knowledge of physical or mental harm to a child or suspects that a child has been sexually abused. Reporting to UTPD or your supervisor does not satisfy your reporting duty under Tennessee law i.e., your duty to report child abuse/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 the Central 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 child 9University of Tennessee Police Department
  10. 10. CSA CONSIDERATIONS CONT. • If you receive crime information and believe it was provided in good faith, then you should document it in a CSA report  “Good faith” is defined as little or no reason to doubt validity of information • You are not responsible for investigating the crime • You are not responsible for determining whether a crime took place • It is not necessary for crime to have been investigated by police for it to be required to be reported under Clery • It is not necessary for a finding of guilty to have been made by a court for it to be required to be reported under Clery 10University of Tennessee Police Department
  11. 11. 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 be included in the university’s annual crime statistics, and, if so, how it should be categorized. 11University of Tennessee Police Department
  12. 12. CSA REPORTING FORM • The CSA reporting form can be located online at http://utpolice.utk.edu/files/2013/04/CSA-Reporting-Form.pdf • CSA’s should review the form at this time during the presentation to familiarize themselves with requested information • Victim information is not required on the CSA reporting form 12University of Tennessee Police Department
  13. 13. CSA REPORTING FORM – INCIDENT CLASSIFICATION 13University of Tennessee Police Department Clery Incident Classification Definitions Aggravated Assault: an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could or probably would result in a serious 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 this definition includes: unlawful entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Domestic Violence: Felony or misdemeanor crimes of violence committed by: (1) a current or former spouse of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with or has cohabitated with the victim as a spouse; (4) a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies; or (5) 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.
  14. 14. CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.) 14University of Tennessee Police Department Clery Incident Classification Definitions Motor Vehicle Theft: The theft or attempted theft of a motor vehicle. (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 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. Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force, violence, and/or causing the victim fear. Sex offense, forcible: Rape, sodomy, sexual fondling, or sexual assault with object Sex offense, non-forcible: Statutory rape (victim under the legal age of consent) or incest Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress.
  15. 15. CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.) 15University of Tennessee Police Department Arrests / Referrals Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; all attempts 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 or cocaine 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 illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned violations. *Public Intoxication and DUI are not reportable incidences
  16. 16. CSA REPORTING FORM – INCIDENT CLASSIFICATION (CONT.) 16University of Tennessee Police Department Hate Crimes Larceny: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Vandalism: 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. Intimidation: To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack. Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, 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, gender identity, sexual orientation, religion, ethnicity, national origin, or disability • Please describe evidence supporting the conclusion that the incident was motivated by bias
  17. 17. 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 Form http://utpolice.utk.edu/files/2013/04/CSA-Reporting-Form.pdf • Send form to UT Police • Police may contact you for additional information if available 17University of Tennessee Police Department
  18. 18. 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 or continuing threat to the campus community. Incidents are very situational; however, safety notices may not be posted for incidents where a related arrest occurred concurrent to the incident, there was a significant time delay between the incident date and report date, or other circumstance that diminished a serious or continuing threat. 18University of Tennessee Police Department
  19. 19. SAFETY NOTICE (TIMELY NOTIFICATION / WARNING) • All of us want to be alerted promptly to potentially dangerous criminal situations near our homes or workplaces so that we have both the time and information necessary to take reasonable precautions. • The Clery Act requires UTK to alert the campus community to certain crimes in a manner 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 failure to provide timely notification. 19University of Tennessee Police Department
  20. 20. 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 threat to 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 vehicle thefts), etc. 20University of Tennessee Police Department
  21. 21. CONSEQUENCES OF NON-COMPLIANCE • The US Department of Education can issue civil fines up to $35,000 per violation for substantial misrepresentation of the number, location or nature of crimes to be reported • Non-compliance can lead to the suspension or limiting the institution’s Title IV eligibility • Negative publicity 21University of Tennessee Police Department
  22. 22. 22University of Tennessee Police Department RESOURCES • Additional information regarding Clery compliance at UTK can be found at http://utpolice.utk.edu/clery-act/ • General Clery compliance information can be found at http://www2.ed.gov/admins/lead/safety/campus.html
  23. 23. 23University of Tennessee Police Department RESOURCE CONTACTS Troy Lane, Chief of Police tlane15@utk.edu 865.974.6631 Emily Simerly, UT Police Deputy Chief emilym@utk.edu 865.974.6631 Jeff Maples, Sr. Assoc. Vice Chan. Finance & Admin. maples@utk.edu 865.974.3061 Matthew Scoggins, Assistant General Counsel scoggins@utk.edu 865.974.3245 Mike Ward, Sr. Assoc. Athletics Director mward35@utk.edu 865.974.9190 Mike Herbstritt, Human Resources herbst00@tennessee.edu 865.974.2889 Richard, Bayer, Asst. Provost Enrollment Services rbayer@utk.edu 865.974.2105 William Herb Byrd, Director Ag Extension & Eval. hbyrdiii@tennessee.edu 865.974.7245 Alisa Meador, Asst. Director Center for Intl. Education ameador2@utk.edu 865.974.3177 Charles Primm, Media Relations charles.primm@tennessee.edu 865.974.5180 Frank Cuevas, Housing Exec. Director fcuevas@utk.edu 865.974.2571 James Jackson, Assoc. Director Student Judicial jjackso2@utk.edu 865.974.3171 The following can also assist you with UTK Clery compliance questions:
  24. 24. 24University of Tennessee Police Department REVIEW STATUS In order to receive credit for your participation in CSA training and assist with University Clery compliance, please click the ‘Review Status’ button at the bottom left of the web screen and follow the directions provided. Thank you!

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