The Jeanne Clery Campus Security Policy & Crime Statistics

January 8, 2018 | Author: Anonymous | Category: Social Science, Law, Criminal Justice
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The Jeanne Clery Campus Security Policy and Crime Statistics Disclosure Act

and what you need to know if you are a Campus Security Authority (CSA) at Northwestern University.

The Clery Act, What’s That? • The “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” of 1998, commonly referred to as the “Clery Act”, requires institutions of higher learning receiving federal financial aid to report specified crime statistics on college campuses and to provide other safety and crime information to members of the campus community. • The Clery Act was enacted in the belief that crime awareness can prevent campus victimization.

• The Clery Act requires campuses to publish an Annual Security Report detailing statistics regarding crimes committed on campus and at affiliated locations for the previous 3 calendar years, and describe specified policies, procedures and programs regarding safety. The Department of Education monitors Clery compliance and is authorized to impose fines on educational institutions that fail to meet Clery requirements. • University community members are notified, annually in September, of the availability of and how and where to access the ASR. The Chicago / Evanston Campus Annual Security Report also includes a Fire Safety Report (a requirement for campuses with University controlled residential facilities).

• For a listing of qualifying Clery Act reportable crimes, referral categories and associated reportable geographic locations, see Appendix A and Appendix B.

The Clery Act, Crime Reporting and Campus Security Authorities (CSA)

• The Clery Act includes non-law enforcement personnel in the role of a CSA (crime reporter) to acknowledge that some community members and students in particular, may be hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus-affiliated individuals.

CSA Categories The Clery Act defines four categories of CSA’s: (i) University Police; (ii) Non-police security staff responsible for monitoring University property; (iii) “Officials with significant responsibility for student and campus activities”; and (iv) People/offices designated under our policy as those to whom/which crimes should be reported.

CSA Categories - Defined (i) University Police - Department sworn police personnel and Department administrators. (ii) Non-police people or offices responsible for campus security – University Police community service officers, campus contract security personnel, parking enforcement staff, personnel providing access control and/or security at campus facilities, athletic events or other special events, safety escort staff, residential community assistants and other similar positions. (iii) Officials with significant responsibility for student and campus activities category is defined broadly to ensure complete coverage and thorough reporting of crimes. To determine which individuals or organizations are CSA’s consider job functions that involve relationships with students. Look for Officials (i.e., not support staff) whose functions involve relationships with students. An Official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the University. If someone has significant responsibility for student and campus activities, s/he is a CSA.

Some examples of CSA’s in category iii include, but are not limited to: academic deans; student affairs / residential life officials; coordinator of Greek affairs (or related positions); athletic administrators including director, assistant directors and coaches; student activities coordinators and staff; student judicial officials; faculty and staff advisors to student organizations; student center building staff; student peer education advisors; and administrators at branch campuses. (iv) Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses - University Police.

Who is not a CSA? • The following non-CSA positions / functions include but are not limited to: faculty member without responsibility for student and campus activity beyond the classroom; physicians/nurses in Student Health who only provide care for students; clerical or administrative support staff; cafeteria staff; facilities maintenance staff; information technology staff, licensed mental health or pastoral counselors, when acting within the scope of their license or certificate; and other positions with similar functions.

The Role of CSA’s •

As a CSA, if a student, faculty, staff member or non- affiliated party tells you about a crime or incident that may be a Clery Act qualifying crime, you are required to record the information on a Campus Security Authority Crime Report form (available at http://www.northwestern.edu/up/forms/forms.html) and submit the completed Report form to University Police.

• CSA’s are encouraged to report all crimes reported to them by students, employees and non-affiliated individuals, on a timely basis, to University Police. However, under the Clery Act, CSA’s are only obligated to report, Clery Act qualifying crimes (see Appendix A). • CSA’s should only report those crimes that have not been previously reported to University Police or another University CSA.

From Which Locations Should Clery Act Crimes be Reported? • CSA’s are obligated to report Clery Act qualifying crimes, but are encouraged to report all crimes, reported to them which occurred in any of the following 4 locations. Reported crime occurring outside these areas is not required to be documented under the Clery Act. Clery Act reportable location include: – On-Campus University buildings or property – Residence halls, fraternities, sororities or other student residences – Non-campus: leased off campus buildings / property – Public property immediately adjacent to Northwestern University property See Appendix B for detailed location definitions.

CSA Incident Review Questions • To help determine if an incident should be reported, ask yourself the following three questions: Was it reported to a Campus Security Authority? Is it a Clery Act qualifying reportable crime?

Did the incident occur in one of the Clery Act geographically defined areas? • If the answer to these questions are “yes”, the you are required to report the incident to University Police on a timely basis though, CSA’s are encouraged to report all crime reported to them.

CSA Crime Reporting • When a crime is reported, the CSA should first ask the person if they would like to report it to University Police. If so, contact University Police at (847) 491-3456. If not, at a minimum, for Clery Act qualifying crimes, the CSA must complete and submit, on a timely basis, a Campus Security Authority Crime Report form, at http://www.northwestern.edu/up/safety/annual-report/csacrime-report-form.html. •

The Report Form can be submitted to UP online, by fax (847) 491-4931 or mail (Northwestern University Police, 1819 Hinman Avenue, Evanston, Il. 60208).

• Notify University Police immediately if the reported crime or emergency threatens community safety.

• If the reported Clery Act qualifying crime is made in good faith, meaning that there is reasonable basis for believing that the information is not rumor or hearsay, then the crime is Clery reportable. CSA’s, when interacting with the crime reporting party, need to gather incident information that would provide sufficient detail to properly classify the incident. This means CSA’s need to document reporting party responses or lack thereof. • Reporting party identifying information should only be included in the CSA Crime Report Form if the reporting party is willing to provide same. CSA’s should not investigate the crime or attempt to determine whether a crime, in fact, took place. When in doubt, a CSA Crime Report Form should be completed and submitted!

In Your Role as a CSA, Please Remember: • Your job is to report incident information the person is willing to tell you; • You are not a detective – you aren’t suppose to identify who was at fault or find the perpetrator; • You don’t have to know the crime classification – just indicate the crime that seems most likely or possible; • University Police will make the final crime classification determination.

Sample CSA Statement and Referral Information • As part of my position on campus, I am a federally mandated crime reporter for the University. I am required to report this incident to University Police for data gathering. If you request confidentiality, the Report Form will not include your name, or that of any other involved individuals. My report will contain only the information you provide. Do you have any questions? Would you like to help me fill it out?



In addition to filling out and submitting the CSA Crime Report form, it is important to offer options and referrals, as appropriate, for victim support services. University Counseling and Psychological Services \ for students (CAPS, 847-491-2151 or at 847-491-8100 for after hours emergency services) or the University Employee Assistance Program (Perspectives, 800-456-6327) are several options.

What is Done with CSA Crime Report Forms? • University Police reviews CSA Crime Report Forms and makes a determination if an incident warrants timely warning / emergency notification of the University community and determines the appropriate category for the incident in the Annual Security Report (ASR).

• The Clery Act Coordinator will consolidate crime data from multiple sources (including CSA reported incidents), report qualifying crime data to the federal Department of Education, publish campus ASR’s and inform the campus community when and where ASR’s are available. The Northwestern University ASR’s (Chicago/Evanston, Miami, Qatar and Washington, D.C.) are posted at http://www.northwestern.edu/up/safety/annualreport/index.html. Hard copies are available from University Police upon request.

CSA Annual Tally (i) Each January, the Clery Act Coordinator distributes, to all primary CSA’s, an email and CSA Tally form requiring the recipients to complete and return the form to University Police to confirm that they do or do not have any previously unreported Clery Act qualifying crimes / referrals that were reported to them in the previous calendar year. (ii) If CSA’s have previously unreported Clery Act qualifying crimes / referrals to report, they are required to complete and submit to University Police a CSA Crime Report form for each unreported incident. (iii) The primary CSA’s are expected to distribute the CSA Tally email to individuals in their area of responsibility who also are CSA’s and to advise these individuals to likewise complete and return the Tally form or to report previously unreported Clery qualifying crimes / referrals - see point ii). (iv) * Note - ideally, CSA’s should report Clery qualifying crimes / referrals to University Police on a timely basis and not wait till they receive the Tally email each January.

Crime / Emergency and Non-Emergency Reporting • Regardless of your status (CSA or non-CSA), all community members are encouraged to promptly report all Chicago and Evanston campus related criminal incidents and other public safety related emergencies to University Police (or if off campus, to the local police department). For incidents requiring immediate attention, dial 911 or use one of the “Blue Light” Police Emergency Phones (call boxes) located throughout both the Chicago and Evanston campus.

• University employees on campuses other than Chicago or Evanston should contact their local law enforcement agency to report crimes and emergencies in addition to notifying University Police of Clery qualifying / reportable crimes / referrals. • Chicago and Evanston non-emergency incidents can be reported by dialing 456 from any campus phone or in person at the campus University Police station (211 E. Superior Street in Chicago or 1819 Hinman Avenue in Evanston).

Campus Security Authority - Resources •

In addition to this document, for information on the Clery Act and/or CSA responsibilities, visit:

http://www.northwestern.edu/up/safety/annual-report/index.html, to access Northwestern University Annual Security Reports for the Chicago / Evanston, Miami, Qatar and Washington, DC campuses; http://www.northwestern.edu/up/safety/annual-report/csa-crime-report-form.html, to access the CSA Crime Report Form (printable PDF and online submission options available). http://www.northwestern.edu/up/safety/annual-report/campus-security-authorities.html to view a information on CSA responsibilities and resources. http://www.northwestern.edu/up/docs/clery_act_definitions_csa_reporting_sheet_1.2012.pdf to view a Clery Act crime, reportable locations and CSA reporting information one page pdf. Any questions on crime reporting or the Clery Act should be directed to the University Police Clery Coordinator at 847-491-3752. Visit the Security on Campus website for additional information on the Clery Act http://www.securityoncampus.org/

What Clery Act Crimes Require Reporting (Appendix A) The following is a listing of Clery Act Crimes that must be reported by CSA’s receiving a report of any of the listed crime types. As earlier noted, CSA’s are encouraged to report all crimes reported to them to University Police. Murder The willful (non-negligent) killing of a human being by another. Manslaughter The killing of another person through gross negligence. Sex Offense (Forcible) Any sexual act directed against another person without the other person’s consent (includes attempts). Sexual intercourse (penetration—however slight) Sodomy (penetration—however slight) Oral copulation (vaginal, anal) Rape with a foreign object (penetration vaginal or anal—however slight)

Sexual battery (the touching of the intimate parts [sexual organ, anus, groin, or buttocks of any person, or the breast of a female] of another person for the purpose of sexual gratification). Sex Offense (Non-forcible) Any unlawful, but consensual sex act with another person (includes attempts). • •

Incest (sexual intercourse between persons who are related to one another within the degrees wherein marriage is prohibited). Statutory rape (intercourse with a person who is under the age of consent—18 years).

Robbery The taking of personal property in the possession of another, from his/her immediate presence, and against his/her will, accomplished by means of force or fear (includes attempts).

Aggravated Assault An unlawful assault upon the person of another for the purpose of inflicting severe or aggravated bodily injury (includes attempts, and whether or not an injury occurred).

Burglary Three elements must be met for an incident to be classified as burglary—unlawful entry, into a structure, for the purpose of committing a felony or theft. If those three elements are not met, the incident should not classified as a burglary. It is not burglary when items are taken from open access areas, such as dining halls and libraries, and the incident must occur in a structure (four walls, a roof and a door); telephone booths, gym lockers and cubbies do not count. The offense of theft is not reportable under the Clery Act. Motor Vehicle Theft The taking of a motor vehicle (as defined) without the consent of the owner with the intent to either permanently or temporarily deprive the owner of the vehicle (includes attempts). Arson The willful or malicious burning or attempt to burn (w/o the intent to defraud) a dwelling, house, public building, motor vehicle or aircraft, or personal property of another (includes attempts).

Drug / Alcohol & Weapon violations – The Clery Act requires reporting of arrests and referrals in these categories:

Drug/Narcotic Violations: The unlawful possession, sale, use, transportation, cultivation, manufacturing, maintaining an unlawful place. Drug/narcotic violations referred for campus disciplinary action under the Student Conduct Code need not be reported to the Police Department. Alcohol Violations: The unlawful possession, sale, transportation, manufacturing, furnishing alcohol to a minor (under 21 years), or maintaining an unlawful drinking place. The Clery Act does not require the reporting of public drunkenness or driving while under the influence offenses. Alcohol violations referred for campus disciplinary action under the Student Conduct Code need not be reported to the Police Department. Weapons Violation: The unlawful possession or control of any firearm, deadly weapon, (including nunchucks or billy club) illegal knife or explosive device while on the property of Northwestern University except as required in the lawful course of business or as authorized by the Northwestern University Associate Vice President for Public Safety and Chief of Police.

Hate Crimes

• A criminal act involving one or more of the above listed Clery Act crimes, the crimes of Theft, Simple Assault, Intimidation and Vandalism, and any other crime involving bodily injury which was: motivated by bias against any person or group of persons, or the property of any person or group of persons because of the ethnicity, race, national origin, religion, gender, sexual orientation, or disability of the person or group, or bias based upon the perception that the person or group has one or more of those characteristics.

Clery Act Countable Disciplinary Referrals Incidents in which a student was not arrested but was instead referred for campus disciplinary action for one or more of the following offenses: liquor law violations; drug law violations; and illegal weapons possession. Must be a violation of the law not just University policy. • The following steps are required for a liquor, drug or weapon referral for disciplinary action to be reported / counted for Clery purposes. (i) The official receiving the referral must initiate a disciplinary action;

(ii) A record of the action must be kept; and (iii) The action may, but does not have to, result in a sanction.

What Clery Act Locations Require Reporting (Appendix B)

On-Campus Property: (i) any Northwestern building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls / Greek houses; and (ii) any Northwestern building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor).

Non-Campus Property: (i) Any Northwestern building or property owned or controlled by a student organization that is officially recognized by the institution; or (ii) Any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

Public Property: Public property is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the Northwestern campus, or immediately adjacent to and accessible from the campus. Includes the sidewalk, street and opposite sidewalk immediately adjacent to Northwestern property, but does not include public property beyond the second sidewalk. Revised 1.2012

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