Clery Act Compliance Training LISA CARICKHOFF CLERY COMPLIANCE

Clery Act Compliance Training LISA CARICKHOFF CLERY COMPLIANCE OFFICER 2018

What is the Clery Act? Why do we have it? Jeanne Clery was raped and murdered while asleep in her dorm room at Lehigh University in 1986. She was murdered by another student who had entered her dorm through three propped doors. Her parents discovered that there had been numerous reports of propped doors and there had been 38 violent crimes in the three years prior to her murder at Lehigh and they believed she would have been more cautious if she had known about the other violent crimes at Lehigh. Jeanne Clery November 23, 1966 April 5, 1986

The Purpose of the Clery Act To provide the campus community with accurate, complete, and timely information about crime and the safety of the campus environment so that they can make informed decisions to keep themselves safe.

What does Clery require? ? • Institutions must collect, classify, count and report crime and fire statistics. • Issue campus alerts. To provide the campus community with information necessary to make informed decisions about their health and safety: Issue a timely warning for any Clery Act crime that represents an ongoing threat to the safety of students or employees; (May give timely warning to non-Clery crimes). Issue a community alert for incidents off campus. Issue an emergency notification upon the confirmation of significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Warnings and notifications may be issued in a variety of ways : email, text messaging, posters, electronic message board etc.

What does Clery require? ? • Provide educational programs and campaigns. • Have procedures for institutional disciplinary action in cases of dating violence, domestic violence, sexual assault and stalking. • Publish and Annual Security and Fire Safety Report (by Oct. 1 of each year) containing safety and security-related policy statements and crime/fire statistics and distribute it or advise where to locate it electronically to all current students and employees. Schools also must inform prospective students and employees about the availability of the report. • Provide missing student notification procedures. If your institution has any oncampus student housing facilities, you must disclose missing student notification procedures that pertain to students residing in those facilities and disclose fire safety information and statistics and maintain a fire log related to those facilities.

What does Clery require? ? • If your institution maintains a campus police or security department, you must create, maintain and make available a crime log of crimes or alleged criminal incidents that is open to public inspection. • Have established policies and procedures to ensure safety. • Submit statistics to the Department of Education.

Consequences if you are audited and found in non-compliance • A suspension or limiting of the institution’s Title IV funding. • The institution’s name will be provided to Congress by the Secretary of Education. • Department of Education can issue civil fines up to $54, 789 per violation. • Final Review Determination Reports are public record. • The institution will receive negative media attention and. . • Failure to comply with the Clery Act can be used in court to demonstrate an indifference to security issues during a security liability litigation.

How do we get these statistics? ? Although every institution wants its campus community to report criminal incidents to law enforcement, we know that this doesn’t always happen. Even at institutions with a police department on campus, a student who is the victim of a crime may be more inclined to report it to someone other than the campus police. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be "campus security authorities”. Data is collected from a wide variety of “Campus Security Authorities” to provide the most accurate crime statistics possible. "

Campus Security Authorities The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. Dean of Students Athletic directors, coaches and assistant coaches James Madison University Police Disability Services Advisors to student organizations Office of Student Accountability and Restorative Practice Office of Equal Opportunity Band Director Orientation Fraternity/Sorority Life Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads Military Science “Cadre” Community Service Learning University Unions Human Resources University Recreation Ombudsperson Trip Advisors Victim Advocates Office of Residence Life Parking Services Career and Academic Planning Contract Security Title IX Coordinator University Program Board Student Withdrawal Director of Health Center Director of Counseling Center Faculty Advisor to student group The Clery Act requires all institutions to collect crime reports from campus security authorities.

What makes you a Campus Security Authority (CSA)? The law defines four categories of Campus Security Authority: • University Police • Non-police security staff responsible for monitoring university property, monitoring events, and providing escorts to include contract security and students. • People/offices designated under our policy as those to whom crimes should be reported – the JMU Police and Title IX. • “Officials with significant responsibility for students and campus activities”. “Official” is defined as any person who has the authority and duty to take action and respond to particular issues on behalf of the institution.

Who is a Campus Security Authority? Outside Police Agencies Campus Police Department Officials with significant responsibility for student and campus activities Campus Security Authorities Non-Police Security Staff (individuals monitoring events) Individuals/Departments who are designated to receive crime reports

Individuals with “Significant responsibility for Student and Campus Activities” Define by function, not title. Because official responsibilities and job titles vary significantly on campuses, a list of specific titles is not provided in the regulations. To determine specifically which individuals or organizations are campus security authorities for your institution, consider the function of that individual or office.

The “function” of the employee on campus Individuals may be designated as Campus Security Authorities based on whether they perform the following functions: § Their official job responsibilities involve significant interaction with students and/or campus activities; § They serve as informal or unofficial mentors to students; § They serve as a member in an office or of a committee to whom students are instructed and informed to report or discuss crimes, allegations of crimes, and other troubling situations, and/or; § They have oversight for disciplinary procedures.

Officials with significant responsibility. . Officials of the institution with significant responsibility for student and campus activities include all (Vice Presidents, Associate Vice Presidents, Assistant Vice Presidents, Deans, Directors, and Department Heads), and individuals including but not limited to the areas of Campus Law Enforcement Contract Event Security University Program Board (to include student monitors of events) Ombudsperson Dean of Students Office of Student Accountability and Restorative Practice Multicultural Student Services University Health Center affiliates Office of Residence Life (to include student resident advisors and hall directors)

Officials with significant responsibility. . University Unions University Recreation (to include team sports and recognized clubs) Community Service Learning Student Withdrawal Career and Academic Planning Staff providing safety escorts on campus Disability Services Orientation Athletic directors, coaches and assistant coaches Greek Life Marching Band Director of Health Center Director of Counseling Center Victim Advocates Members of SART teams

Officials with significant Responsibility. . Human Resources Director Military Science “Cadre” Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to students Office of Equal Opportunity Title IX Coordinator Director of Parking and the manager of parking field operations and monitors Administrators who oversee branch campuses and the Washington Semester Coordinator Trip Advisors

Who is NOT a Campus Security Authority? Faculty members who are not advisors of student groups, i. e. no responsibility for student or campus activities beyond the classroom. Support/Administrative Staff Clerical Secretaries Receptionists Facilities Staff Plumbers Electricians Food Service Workers Cashiers Cooks

Who is NOT a Campus Security Authority? You may have significant responsibility for Student and Campus Activities BUT. . . YOU DO NOT HAVE TO REPORT IF: You are a licensed mental health counselor or a pastoral counselor (employed by a religious organization to provide confidential counseling) AND… You are working within the scope of your license or religious assignment. Student Health Center Clinicians who only provide care to individual students. Counselors in the Counseling center who only provide care to individual students.

Anonymous Reporting Process Victims can report crimes confidentially to the anonymous website Silent Witness http: //www. jmu. edu/publicsafety/Silent. Witness. shtm For this information to be included in crime statistics, however, enough information has to be given to determine a crime has occurred.

Campus Security Authority’s primary responsibility is… “To forward crime reports to the reporting structure established by the institution. ” (which is the Clery Compliance officer at the JMU Police Department). Crime reports are allegations of Clery Act crimes that he or she receives. The CSA fulfills a federal responsibility that helps the institution annually disclose accurate crime statistics and to help facilitate the issuance of timely warnings, community alerts or emergency notifications for crimes that pose a serious or continuing threat to the campus community or are in progress. You do not need to witness the crime. Under the Clery Act, a crime is “reported” when it is brought to the attention of a campus security authority by a victim, witness, other third party, or even the offender.

Campus Security Authority’s primary responsibility is… If a campus security authority receives crime information he or she should document it in a crime report and submit it the to Clery Compliance Officer. This is an ongoing process. Just get the facts, the police department will figure out what offense (if any) occurred. What is disclosed, therefore, are statistics from reports of alleged criminal incidents. It is not necessary for the crime to have been investigated by the police or campus security authority, nor must a finding of guilt or responsibility be made to disclose the statistic. When in doubt, report it.

CSA crime reports should include sufficient detail, such as dates and locations, and, where appropriate, personally identifying information, including name and contact information if available. This is because a CSA crime report may be the basis for determining if there is a serious or continuing threat to the safety of the campus community that would require an alert- a timely warning, community alert or emergency notification to be issued. If a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is defined as a Campus Security Authority, that individual should report that incident to the JMU Police Department. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat exists, the police department to discuss the matter further. James Madison University

In most cases it is possible for a CSA to fulfill his or her responsibilities while still maintaining victim confidentiality. CSA reports are used by the institution to compile statistics for Clery Act reporting and to help determine if there is a serious or continuing threat to the safety of the campus community that would require an alert (i. e. , a timely warning or emergency notification). However, those responsibilities can usually be met without disclosing personally identifying information. A CSA report does not need to automatically result in the initiation of a police or disciplinary investigation if the victim does not want to pursue this action. James Madison University

University Trips : Additional Reporting Requirements Pursuant to the Clery Act, James Madison University is required to disclose certain reported crime statistics that occur during University sponsored / arranged domestic and international student trips. Community members who are administratively responsible for domestic and international student trips are expected to report student trip information to the University Police for compliance. A link to the Trip Form and further information.

What trips? Not all student trips need be reported. For trips to be reportable, student trips must meet certain requirements. The University must have control over the trip or program accommodation and any related academic space used in conjunction with the trip. Control, as defined by the Clery Act, means that there is a written agreement (no matter how informal) directly between the University and the end provider for use of the space. In addition, the controlled space must be used in direct support of, or in relation to, the institution’s educational purposes and frequented by students. Some examples of a written agreement include renting hotel rooms, leasing apartments, leasing space in a student housing facility or academic space on another campus and even an e-mail agreement for use of space free of charge. Hostels are not normally reportable unless the written agreement gives the University control over the space within the accommodation.

Why Does the University Police Need this information? Information on qualifying student trips is needed by University Police for follow-up with the local law enforcement agency associated with the trip location. University Police will send a request to the trip location local law enforcement agency to determine if any Clery Act qualifying crimes (occurring during the trip time frame and at the University arranged accommodation and/or related academic space) were reported directly to local law enforcement and thus may not be known to University personnel. * Note, other University / Departmental internal crime reporting requirements may still exist on any Clery Act reportable or non- reportable student trips.

Guidelines Trip Form link Trip Accommodation and/or Academic Space Usage Agreement Student Trip Accommodation Length of Student Trip Clery Act Reportable Student Trip The University has a written agreement with end provider for trip accommodations and/or academic space for use of the accommodations or space The same accommodations are used every year or more frequently 1 night or more Yes The University has a written agreement with end provider for trip accommodations and/or academic space for use of the accommodations or space You don’t anticipate using the same accommodation every year 2 or more nights Yes Same accommodation used every year or more frequently 1 night or more Yes None Day trip No 1 night or more No The University has a written agreement with a third party to arrange trip accommodations and/or academic space for use of the accommodations or space University sponsored trip Student organized or private trips – no university agreement

Is It Clery Reportable Three Part Test There is a three part test to determine if the crime is a Clery reportable crime at JMU. Was the crime reported to a Campus Security Authority? Is the crime a Clery reportable crime? Did the crime occur in a Clery reportable geographic area?

Crime Categories What needs to be reported

What crimes must I report? * UCR Part I Criminal Offenses Criminal homicide – Murder/non-negligent manslaughter, manslaughter by negligence Sex offenses - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the National Incident-Based Reporting Systems User Manual from the FBI UCR Programs, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. ” Robbery Aggravated assault Burglary Motor vehicle theft Arson *if they occurred in a Clery Geographic location

Definitions of UCR Part I Clery Reportable crimes 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 or violence and/or by putting the victim in fear. Motor Vehicle Theft – The theft or attempted theft of a motor vehicle report (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding. )

Definitions of UCR Part I Clery Reportable crimes Sexual Assault – An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the National Incident-Based Reporting Systems User Manual from the FBI UCR Programs, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. ” Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Definitions of UCR Part I Clery Reportable crime Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law; Statutory rape –Sexual intercourse with a person who is under the statutory age of consent

Definitions of UCR Part I Clery Reportable crime Aggravated Assault – An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary for an injury to result when a gun, knife or other weapon is used in the commission of the crime. Burglary – The unlawful entry of a structure to commit a felony or a theft. Arson – Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

Hate Crimes A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, gender identity, sexual orientation, ethnicity and/or national origin. Crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias

Hate Crimes HATE CRIMES INCLUDE ANY OFFENSE IN THE FOLLOWING Group A Murder and Non-negligent manslaughter Sex offenses Non-forcible sex offenses Robbery Aggravated assault Burglary Motor vehicle theft Arson Group B VAWA Crimes Larceny-theft Simple assault Intimidation Destruction/damage/ vandalism Stalking Domestic Violence Dating Violence

Definitions of crimes related to hate crimes Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (Currently, this crime category only applies to hate crimes. ) Larceny-Theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Currently, this crime category only applies to hate crimes. ) Destruction/Damage/Vandalism of property - To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. (Currently, this crime category only applies to hate crimes. ) Intimidation – To intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm. (Currently, this crime category only applies to hate crimes. )

Violence Against Women Act Crimes • VAWA incorporates provisions of an earlier bill, also known as the Campus Sa. VE Act, and codifies parts of an April 2011 Dear Colleague letter issued by the Office of Civil Rights at the Department of Education • Adds domestic violence, dating violence, and stalking incidents to Clery reportable crimes (to include incidents that may not rise to the level of a crime).

Domestic violence The term “domestic violence” includes felony or misdemeanor crimes of domestic violence committed by: • a current or former spouse of the victim. • by a person with whom the victim shares a child in common. • by a person who is cohabitating with or has cohabitated with the victim as a spouse. • by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, OR • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of jurisdiction. (42 U. S. C. 13925(a)) (Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone. )

Dating Violence The term “dating violence” means violence committed by a person: • who is or has been in a social relationship of a romantic or intimate nature with the victim; and • where the existence of such a relationship shall be determined based on a consideration of the following factors: • The length of the relationship. • The type of the relationship. The frequency of interaction between the persons involved in the relationship. (42 U. S. C. 13925 (a)) (Includes threats of, or use of physical, sexual, verbal, emotional, economic or psychological action to influence or control the victim. )

Stalking The term “stalking” means engaging in a: • course of conduct. • directed at a specific person. • that would cause a reasonable person to – • fear for his or her safety or the safety of others; or • suffer substantial emotional distress

Liquor, drug, weapon law violations Police must keep statistics on the number of people arrested or cited for liquor, drug and weapon law violations. Office of Residence Life and Office of Student Accountability and Restorative Practices officers must keep statistics on the number of people referred for disciplinary action for liquor, drug and weapon law violations. Statistics must reflect the total number of persons involved, not incidents. (head count)

Arrests and Referrals Arrests Definition : Persons processed by arrest, citation or summons Drug, liquor and weapons violations Referrals for disciplinary action Definition : The referral of any person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction Drug, liquor and weapons violations

Arrests & disciplinary referrals for violations Liquor Law Violation – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence. Arrests Persons processed by arrest, citation or summons Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

Arrests & disciplinary referrals for violations Drug Law Violation – Violations of state and local laws related to the possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include; opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone(s); and dangerous non-narcotic drugs (barbiturates, Benzedrine). Arrests Persons processed by arrest, citation or summons Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action

Arrests & disciplinary referrals for violations Weapon Law Violation – The violation of laws or ordinances prohibiting the manufacturing, sale, purchase, transportation, possession, concealment, use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses regulatory in nature; manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing , etc. silencers; furnishing deadly weapons to minors, aliens possessing deadly weapons; and attempts to commit any of the above. Arrests Persons processed by arrest, citation or summons Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action. James Madison University

Where did it happen? Clery Geography A crime must be reported if it occurred: On campus, in residence halls Public Property - on public property within or immediately adjacent to campus Non-Campus - in or on non-campus property owned or controlled by the University or a recognized student organization that are not within the contiguous geographic area of the campus. Link to list of addresses of Clery Geography

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

Clery Geography by Definition: Non-Campus Buildings/Property Any building or property owned or controlled by a student organization that is officially recognized by the institution; any building or property owned or controlled by an institution that is used in direct support of or in relation to, the intuitions educational purpose, is frequently used by students, and is not within the same reasonably contiguous geographic area. For Example Fraternities Campus Ministries WMRA Radio Station JMU Farm House JMU Farm Pavilion

Clery Geography by Definition: Public Property All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus or immediately adjacent to and accessible from the campus. Relates to city streets and sidewalks immediately adjacent or within University property - Martin Luther King Jr. Drive to include the 100 Block to 300 Block, Paul Street to include the 1100 and 1200 Block, Eastover Drive to include portions of the 400 Block, Reservoir Street to include the 1500 Block to the 1700 Block, University Blvd. to include the 500 Block to 900 block, Hickory Hill Drive to include the 600 Block, Oakhill Drive to include the 900 -1000 Block, Neff Avenue to include the 500 Block to 900 Block, Port Republic Road to include the 900 Block and the 100 to 200 Block, Turner Ashby Lane, Hillside Avenue, South Main Street to include the 700 Block to the 1100 Block, Harrison Street, Warsaw Avenue, Patterson Street, etc. Duke Drive, Bluestone Drive, Carrier Drive, Champions Drive, Alumnae Drive, Newman Drive, and Madison Drive

James Madison University

Reportable? ? Remember it must be a Clery crime or incident on Clery geography. DO NOT REPORT CRIMES IF Location is not connected to JMU for example: A person tells you about a crime that occurred before he/she came to JMU; OR While he/she was away from campus and not involved in a JMU activity—e. g. , at home or on spring break; In these cases…. Please provide the student with reporting options and/or referrals for help.

A crime is being reported to you. What you need to do? First and most importantly Is a violent situation in progress? Is there imminent danger to the victim or others? Is it an emergency or crime in progress? Is medical treatment needed for serious injury? If so……. . . Contact JMU POLICE immediately at 568 -6911 if it is occurring on campus If it has occurred off campus contact Emergence Communication Center or ECC at 911 to be directed to appropriate agency If a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is defined as a Campus Security Authority, that individual should report that incident to the JMU Police Department. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat exists, the police department to discuss the matter further.

A crime is being reported to you. What you need to do? You Can Provide the Victim with: Information on reporting to campus police or if the incident happened off campus the local police. You can encourage the person to report the crime to the police. (But don’t insist). Remember the decision isn’t yours, a victim who talks to you may not want to talk to the police—and doesn’t have to. Exception: when the victim reports a crime to a professional who is mandated by law to report specific crimes). If it is not an emergency, the CSA should ask the individual reporting the crime if they would like to report the incident to the JMU Police or the police in the jurisdiction the crime occurred. If they do, then the CSA should help coordinate reporting. If they do not want to contact police, the CSA should explain that they are a federally mandated crime reporter and are required to submit a crime report for statistical purposes and that the crime report can be submitted without identifying the crime reporting party and/or victim if the reporting party would like to remain anonymous. If a crime reporting party requests anonymity, this request must be honored to the extent permitted by law. However, in areas of sexual violence anonymity cannot be promised.

A crime is being reported to you. What you need to do? Tell the person how he/she can report anonymously as an option at Silent Witness http: //www. jmu. edu/publicsafety/Silent. Witness. shtml Helpful information can be found in the JMU Complainants Rights for incidents of sexual violence. Information on campus programs for assisting victims of sexual and /or other forms of assault. Information on procedures for seeking medical help. Information on counseling and psychological services. James Madison University

Then -- Just get the facts Record the information and submit a report. Be sure to document… When the crime or incident occurred and when it was reported to you because the law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred. Remember the police will categorize the report: your job is to get the information the person wants to tell you. You are not a detective. You don’t have to prove what happened or who was at fault. You aren’t supposed to find the perpetrator. You DON’T have to identify the victim.

Get the facts Get as accurate and complete a description of what happened as you can. Who, What, When, Where and How Details!

Get the Facts Possible questions to ask reference Aggravated Assault: Did the suspect(s) unlawfully attack the victim for the purpose of inflicting severe bodily injury? Was a weapon used? If so, what type of weapon? Was the victim injured? If so, describe the injury(s). Were there any broken bones?

Get the Facts Possible questions to ask reference robbery: Did suspect(s) take or attempt to take anything of value from the care, custody, or control of the victim? Did the suspect(s) take the property by force, threat of force or violence? Did victim feel fearful, threatened or endangered? What was taken or attempted to be taken ? What was its value? Possible questions to ask reference burglary: Was there evidence of unlawful entry (trespass)? Was there unlawful entry into a structure? Was there evidence that the unlawful entry was made with the intent to commit a felony or theft? Was item taken from inside residence hall, office, or other structure? Was the structure open, closed, or locked? How did the perpetrator get into the structure/room?

Get the Facts Possible questions to ask if Motor Vehicle theft What kind of vehicle? Where was it taken from? When was it taken? Has it been recovered? Does the person know who did it? “Joyriding” is a motor vehicle theft if vehicle is taken by a person without lawful access Possible questions to ask if Arson What was burned or attempted to be burned? Was property damaged? How much? Was anyone hurt? When did it happen? When was it discovered? Was there graffiti or other evidence of hate motivation?

Get the Facts Possible questions to ask reference a hate crime: Was the target personal property, a personal residence, house of worship, or ethnic organization? Did the incident involve any expression of hatred (e. g. graffiti, comments) re: race, gender, gender identity, ethnicity/national origin, religion, sexual orientation or disability? Did any personal injury result from the incident? Report any vandalism to property of a religious, ethnic, gay or lesbian organization as a hate crime.

How to report Fill out the Clery Incident Report Form and submit the information electronically on the crime statistic form which can be located at James Madison University Campus Security Authority Crime Report Form Or fill out alternate CSA Crime Form Information to be forwarded to Lisa Carickhoff Clery Compliance Officer 821 South Main Street MSC 6810 Harrisonburg, VA 22807 or by FAX to JMU Police Clery Compliance Officer at 540 -568 -7926 or email to caricklt@jmu. edu Do these allegations have to go through a hearing or the individual be disciplined before they are eligible for Clery Act reporting statistics? NO!! Just as is with crime reporting, violations eligible for disciplinary actions only have to be reported to the CSA to be counted in the crime statistics report. The CSA must then report the statistic to the JMUPD.

Examples of CSA’s Reporting Crimes Ex. An assistant dean of students is required to report a suspicious fire that could potentially be classified as an arson… Ex. The Director of Athletics is required to report a rape that was reported to him/her by the parent of a victim involving one of his/her athletes who may be the perpetrator… Ex. An HD is told by a female student that her ex-boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol…

Examples of CSA’s Reporting Crimes Ex. A coach is required to report a sexual assault that is reported to him/her… Ex. A faculty advisor refers a student to OSARP regarding an alleged drug violation that he/she becomes aware of through a member of his/her student organization… Ex. A person working as an access monitor is required to report a burglary that is reported to him/her while working the desk. . Ex. An RA is told by a female student that she was forcibly raped by an unidentified male while jogging along a campus trail…

After a Report is Filed The report will be documented on the Daily Crime Log. The log consists of five elements: the date the crime was reported the date and time the crime occurred the nature of the crime the general location of the crime the disposition, or status, of the complaint, if it is known If a Timely Warning/Community Alert is appropriate, the University will issue the notification in a manner that will alert the campus community of the threat. In cases with Title IX considerations, the incident will be reported to Title IX. The University will conduct an initial assessment, a threat assessment, and take any immediate action that may be necessary to protect the health and safety of individuals and the University community. The University will make reasonable efforts to protect the privacy and respect the wishes of reporters, in accordance with applicable state and federal law, while balancing the need to gather information to assess the report and to take steps to eliminate prohibited conduct, prevent its recurrence, and remedy its effects. Depending on the nature and severity of the conduct reported, the University may be required to share all known information, including names, with law enforcement.

Sexual Violence When a report of sexual violence is made, additional actions must be taken. Title IX requires that we investigate and “take reasonable action” in response to a incident. Once a school knows or reasonably should know of possible sexual violence, it must take immediate and appropriate action to investigate. (Title IX is not geography specific. It includes incidents on and off campus. ) If sexual violence has occurred, prompt and immediate steps to end the sexual violence, prevent its recurrence, and address its effects must be taken.

Sexual Violence If you have been a victim or a victim has reported to you domestic violence, dating violence, sexual assault, or stalking, you should report the incident promptly to the Title IX and Police (if the victim so desires. ) The University will provide resources to persons who have been victims of sexual assault, domestic violence, dating violence, or stalking, and will apply appropriate disciplinary procedures to those who violate this policy. The Title IX Coordinator is regarded as a “Responsible Employee” under Title IX and also a “Campus Security Authority” under the Clery Act. Statistical information less the victims identifying information will be provided to campus police for inclusion in the annual crime statistics even if the victim chooses not to alert campus public safety personally.

Sexual Violence Offer to go with the victim to report their complaint. If they do not wish to go get as much information as possible. Questions to ask: What happened? When did it happen? Who else might have witnesses it? Where? Determines if Clery reportable. Let him or her know that the university doesn’t condone this type of behavior and the effect it has on others. Tell him or her that you have an obligation to report what they have told you. Inform the victim that they will probably be contacted by someone who works with these types of complaints so that options are explained. JMU Notice of Complainants Rights contains an explanation of procedures to be followed upon a report of sexual violence.

Help is at hand. . . Clery Compliance Officer: Lisa Carickhoff caricklt@jmu. edu Telephone 540 -568 -6769 Fax 540 -568 -3308 Resources for learning more Clery Center http: //clerycenter. org/ U. S. Department of Education 2011 Handbook for Campus Safety and Security Reporting http: //www 2. ed. gov/admins/lead/safety/campus. html