EASTERN MICHIGAN UNIVERSITY POLICE DEPARTMENT POLICY AND PROCEDURAL ORDER SUBJECT: TIMELY WARNINGS EFFECTIVE DATE: FOIA YES X PAGE NUMBER: June 25, 2013 1 OF 5 NEW AMENDED X ISSUED BY: EXECUTIVE DIRECTOR OF PUBLIC SAFETY CHIEF ROBERT HEIGHES I. REFERENCE NUMBER: 7. 1. 3 NO CANCELS REVIEWED/NO CHANGE RESPONSIBLE FOR REVIEW & UPDATE: Executive Director of Public Safety PURPOSE: To establish a policy to fully comply with the requirements for the Jeanne Clery Disclossure of Campus Security Policy and Campus Crime Statistics Act in regards to Timely Warnings. II. POLICY: This procedure defines how Timely Warning notices will be determined and issued to students, faculty and staff of Eastern Michigan University. III. PROCEDURE: 1.0 The EMU Police Department shall ensure that Timely Warnings are provided to the campus community in regards to crimes considered to present a serious or continuing threat to students, faculty or staff, which are directly reported to EMU Police Department, or are reported to EMU Police Department by campus security authorities or local police agencies. Such warnings shall be provided to students, faculty and staff in a manner that is timely and will aid in the prevention of similar occurrences. Timely Warnings will be considered when any of the following crimes occur: Murder Sex Offenses (forcible or non-forcible) Robbery Aggravated Assault Burglary Motor Vehicle Theft Timely Warnings Page 2 Page 2 of 5 June 25, 2013 Manslaughter Arson Other crimes involving bodily injury to persons intentionally selected because of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability. 1.5 The EMU Police Department may not issue a timely warning for the above crimes if: The department apprehends the suspect(s) and the serious or continuing threat to members of the Eastern Michigan University community has been mitigated by the apprehension. A report was not filed with the EMU Police Department or if EMU Police Department was not notified by campus officials in a manner that would allow the department to post a “Timely Warning” for the community. EMU Police Department personnel will make the decision whether to issue a Timely Warning notice on a case-by-case basis in light of all of the facts surrounding a crime, including factors such as the nature of the crime, the continuing threat to the campus community and the possible risk of compromising law enforcement efforts. 2.0 It is the responsibility of the Executive Director of Public Safety to ensure that Timely Warnings are issued. The decision to issue a Timely Warning shall be determined by EMU Police Department personnel in the following order, but may be made by any of the below persons as necessary: The Executive Director of Public Safety Deputy Chief of Police Lieutenant Shift Supervisor In the absence of the designated officials above, the next highest ranking official will be responsible for making the decision to issue a Timely Warning. Timely Warnings Page 3 Page 3 of 5 June 25, 2013 3.0 The Executive Director of Public Safety shall review all offenses on a routine basis that are subject to disclosure in the Annual Security Report that have been reported to the EMU Police Department to determine if they represent a serious or continuing threat to the campus community. It shall be the responsibility of the Executive Director of Public Safety, or the next highest ranking official in his/her absence, to prepare and issue the Timely Warning statement. If the EMU Police Department Deputy Chief and/or Lieutenant and/or Shift Sergeant disagree(s) with the decision not to issue a Timely Warning, the Deputy Chief and/or Lieutenant and/or Shift Sergeant shall promptly inform the Executive Director. If the Executive Director affirms the decision not to issue a Timely Warning, the Deputy Chief and/or Lieutenant and/or the Shift Sergeant shall promptly inform the University President and the General Counsel of their disagreement with the decision. The University President and General Counsel will review the matter and decide whether to approve or reverse the decision not to issue a Timely Warning. If the decision not to issue a Timely Warning is approved, documentation of the decision and approval shall be maintained on file by the Executive Director of Public Safety. If the decision not to issue a Timely Warning is reversed, the Executive Director of Public Safety shall immediately issue the Timely Warning. 4.0 If the Executive Director of Public Safety, or next highest ranking official, in his/her absence, decides in regards to incidents involving death or assaults that result in serious bodily injury that a Timely Warning need not be given for reasons other than reasons described in Section 1.5, the reasons for that decision should be immediately documented in writing and forwarded to both the University President and General Counsel for review and approval. If the decision not to issue a Timely Warning is approved, documentation of the decision and approval shall be maintained on file by the Executive Director of Public Safety. If the decision not to issue a Timely Warning is reversed, the Executive Director of Public Safety shall immediately issue the Timely Warning. 5.0 If anyone has concerns regarding the adequacy or propriety of any Timely Warning, or the failure to issue a Timely Warning, the person shall inform the Executive Director of Public Safety. If after consulting with the Executive Director of Public Safety the person still has concerns; the person shall inform the University President and General Counsel. The University President and General Counsel shall review and respond to the person’s concerns. If the decision not to issue a Timely Warning is Timely Warnings Page 4 Page 4 of 5 June 25, 2013 approved documentation of the decision and approval shall be maintained on file by the Executive Director of Public Safety. If the decision not to issue a Timely Warning is reversed, the Executive Director of Public Safety shall immediately issue the Timely Warning. 6.0 Timely Warnings will be issued to the campus community as soon as pertinent information is available. The Timely Warning will include, at minimum: A succinct description of the incident and type of crime, including location, date and time of occurrence. A physical description of the suspect if available. Composite drawing of the suspect, if available. Apparent connection to previous incidents, if applicable. Actual or perceived protected class status of the victim (i.e. race, gender, religion, sexual orientation, ethnicity or disability), but only if there was an apparent bias motive. Injury sustained by the victim. Date & time the campus alert was released. A notice to the campus community to exercise caution. Timely Warnings will be updated as new crime information becomes available. 7.0 Timely Warnings shall be distributed by the Executive Director of Public Safety, or next highest ranking official, in his/her absence in the following formats: EMU Police Department Safety Notices Website Electronic mail messages to all students, faculty and staff Timely Warnings may also be issued as: Informational updates on campus electronic message boards. Media releases. Flyers posted in all appropriate University buildings. Flyers posted in all appropriate facilities leased by the University. Flyers posted in local off-campus businesses. Campus Newspaper – The Eastern Echo. Text Messaging Timely Warning Notice Page 5 IV. Page 5 of 5 June 25, 2013 8.0 Timely Warnings will remain in effect until the suspect(s) has/have been apprehended, the case has been closed, or the serious or continuing threat to the campus community no longer exists. 9.0 A copy of this procedure will be dated with a copy posted in the squad room and one in the Communications Center, as well as posted on the EMU Police Department Website. RESPONSIBILITY: The Executive Director of Public Safety has overall and primary responsibility for ensuring that the steps in this procedure are properly carried out.