r
Clery Act Compliance
Training
Lisa Carickhoff
Clery Compliance Officer
2014
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
James Madison
University
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.
James Madison
University
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 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.
James Madison
University
• Publish an annual security report and fire safety report
(by Oct 1 of each year) containing safety and security-related policy statements
and crime 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.
• 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.
James Madison
University
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 $35,000 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.
James Madison
University
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 ."
James Madison
University
Campus Security Authorities
The Clery Act requires the institution to identify individuals and
organizations that meet the definition of a campus security authority.
Athletic directors, coaches and assistant coaches
James Madison University Police
Judicial Affairs
Office of Residence Life
Student Unions
Parking Services
Office of Equal Opportunity
Band Director
Orientation
Disability Services
Ombudsperson
Fraternity/Sorority Life Safe Rides
Vice Presidents, Associate Vice Presidents Assistant Vice Presidents, Deans, Directors and Department Heads
University Recreation (team sports and recognized clubs)
UPB
Advisors to student organizations
Dean of Students
Military Science “Cadre”
Title IX Coordinator
Community Service Learning Human Resources
Career and Academic Planning
Student Withdrawal
The Clery Act requires all institutions to collect crime reports from campus
security authorities.
James Madison
University
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 designed under our policy as those to whom
crimes should be reported. These include the Office of Judicial Affairs,
the Dean of Students and the Ombudsperson.
•
“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.
James Madison
University
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)
James Madison
University
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.
James Madison
University
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.
James Madison
University
Officials with significant responsibility..
Officials of the institution with significant responsibility for student and
campus activities (Vice Presidents, Assistant Vice Presidents, Associate
Vice Presidents, Deans, Directors, Department Heads), and individuals
including but not limited to the areas of
Campus Law Enforcement
Contract Event Security
Ombudsperson
Dean of Students
Student Affairs
Counseling and Student Development
Multicultural Student Services
University Health Center and affiliates
Judicial Affairs
Residence Life (to include student resident advisors and hall directors)
University Unions
University Recreation (to include team sports and recognized clubs)
Community Service Learning
James Madison
University
Officials with significant Responsibility..
Student Withdrawal
Career and Academic Planning
Staff providing safety escorts on campus
Disability Services
Orientation
Athletic directors, coaches and assistant coaches
Coordinator of Greek Affairs
Marching Band Director
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
Safe Rides
James Madison
University
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
James Madison
University
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.
James Madison
University
Confidential Reporting
JMU encourages professional and pastoral counselors, although not required
to report crimes, to tell victims about the Confidential Reporting Process.
The counselor must make a judgment call - Is it appropriate to discuss crime
reporting in this particular situation?
Confidential Reporting Process
Victims can report crimes confidentially to the anonymous website
Silent Witness
http://www.jmu.edu/pubsafety/SilentWitness.shtm
For this information to be included in crime statistics, however, enough
information has to be given to determine a crime has occurred.
James Madison
University
Campus Security Authority’s primary
responsibility is…
“To report allegations made in good faith to the reporting structure
established by the institution.”
In “good faith” means there is a reasonable basis for believing that the
information is not simply rumor or hearsay. That is, there is little or no
reason to doubt the validity of the information.
James Madison
University
A Campus Security Authority’s responsibilities
If a campus security authority receives the crime information and
believes it was provided in good faith, he or she should document it
as a crime report and submit the to Clery Compliance Officer. 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.
James Madison
University
University Trips
• 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 (or
designee) 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.
James Madison
University
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.
James Madison
University
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.
James Madison
University
Guidelines
Trip Form link
Trip Accommodation and/or Academic Space
Usage Agreement
Student Trip
Accommodation
The University has a written agreement with
end provider for trip accommodations and/or
academic space for use of the accommodations
or space
The University has a written agreement with
end provider for trip accommodations and/or
academic space for use of the accommodations
or space
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
The same accommodations
are used every year or more
frequently
1 night or more
Yes
You don’t anticipate using
the same accommodation
every year
3 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
Student organized or private trips – no
university agreement
James Madison
University
Length of Student
Trip
Clery Act
Reportable
Student Trip
Three Part Test
1.
2.
3.
Is the crime a Clery reportable crime?
Did the crime occur in a Clery reportable
geographic area?
Was the crime previously reported to a
Campus Security Authority? Police?
Judicial Affairs? Residence Life?
James Madison
University
Crime Categories
What needs to be reported
James Madison
University
What crimes must I report?
UCR Part I Criminal Offenses
• Criminal homicide – murder/non-negligent manslaughter, negligent
manslaughter
• Sex offenses - rape, sodomy, sexual fondling and sexual assault with object
- non-forcible – statutory rape and incest
• Robbery
• Aggravated assault
• Burglary
• Motor vehicle theft
• Arson
James Madison
University
Definitions of UCR Part I Clery Reportable
crimes
• Murder and Non-negligent Manslaughter – The willful (non-negligent)
killing of one human being by another.
• Negligent Manslaughter – The killing of another person through gross
negligence.
• Sex Offense – Any sexual act (carnal knowledge of a person) 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 because of his/her temporary or permanent mental or physical
incapacity (or because of his/her youth). This offense includes the rape of
both males and females.
• Sex Offense rape; sodomy; sexual assault with an object; and forcible fondling
• Sex Offense Non Forcible – Unlawful, non-forcible sexual intercourse to include
incest; statutory rape.
• 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.
James Madison
University
•
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. For reporting purposes this definition
includes: unlawful entry with intent to commit a larceny
or felony; breaking and entering with intent to commit a
larceny; housebreaking; safecracking; and all attempts to
commit any of the aforementioned.
•
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.)
•
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.
James Madison
University
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, or ethnicity/national origin.
Crimes that manifest evidence that the victim was intentionally selected
because of the perpetrator’s bias
James Madison
University
:
Group A
Murder and Non-negligent
manslaughter
Sex offenses
Non-forcible sex offenses
Robbery
Stalking
Domestic Violence
Dating Violence
Group B
Larceny-theft
Simple assault
Intimidation
Destruction/damage/
vandalism
Aggravated assault
Burglary
Motor vehicle theft
Arson
Definitions
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.)
James Madison
University
Hate Crime Definitions
Race Bias: A preformed negative opinion or attitude toward a group of
persons who possess common physical characteristics (e.g., color of skin, eyes,
and/or hair; facial features, etc.) genetically transmitted by descent and
heredity which distinguish them as a distinct division of humankind (e.g.,
Asians, blacks, whites).
Gender Bias: A preformed negative opinion or attitude toward a person or a
group of persons based on their actual or perceived gender, e.g. male or
female.
Religious Bias: A preformed negative opinion or attitude toward a group of
persons who share the same religious beliefs regarding the origin and purpose
of the universe and the existence or nonexistence of a supreme being (e.g.,
Catholics, Jews, Protestants, atheists).
Sexual Orientation Bias:
A preformed negative opinion or attitude toward a
person or a group of persons based on their actual or perceived sexual
orientation.
James Madison
University
Ethnicity/National Origin Bias: A preformed negative opinion or
attitude toward a group of people whose members identify with each
other, through a common heritage, often consisting of a common
language, common culture (often including shared religion) and/or
ideology that stresses common ancestry.
The concept of ethnicity differs from the closely related term race and that
“race” refers to grouping based mostly upon biological criteria, while
“ethnicity” also encompasses additional cultural factors.
Disability Bias: A preformed negative opinion or attitude toward a group
of persons based on their physical or mental impairments/challenges,
whether such disability is temporary or permanent, congenital or acquired
by heredity, accident, injury, advanced age or illness
National Origin: Not defined in the FBI Hate Crime Guidelines… Only
defined as “Ethnicity/National Origin” in the ED Handbook.
James Madison
University
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
James Madison
University
Arrests & disciplinary referrals for violations
of liquor, drug, & weapons laws
• 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.
• 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).
James Madison
University
• 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.
•
Disciplinary Referrals – incidents in which a student was not arrested
but was referred for campus disciplinary action.
James Madison
University
Changes:
Violence Against women Act
Reauthorized
• VAWA incorporates provisions of an earlier bill, also known as the
Campus SaVE 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)
James Madison
University
Domestic Violence, Dating violence, and
Stalking Incidents
Domestic Violence
The term “domestic violence” includes felony or misdemeanor
crimes of 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))
James Madison
University
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:
•
•
•
•
James Madison
University
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))
Stalking
The term “stalking” means engaging in a:
• course of conduct.
• directed at a specific person.
• that would cause a reasonable person to –
James Madison
University
•
fear for his or her safety or the safety of others; or
•
suffer substantial emotional distress
Title IX and Sexual Violence: Sexual Assault, Domestic
Violence, Dating Violence and Stalking
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.
James Madison
University
Title IX and Sexual Violence: Sexual Assault, Domestic
Violence, Dating Violence and Stalking
What should you do?
• 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
the annual crime statistics even if the victim chooses not to alert
campus public safety personally.
James Madison
University
Title IX and Sexual Violence: Sexual Assault, Domestic
Violence, Dating Violence and Stalking
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.
James Madison
University
Title IX and Sexual Violence: Sexual Assault, Domestic
Violence, Dating Violence and Stalking
Where do you direct the victim or make a Title IX report?
Title IX Officers
James R Robinson
Title IX Coordinator/Officer for Faculty,
Affiliates, and Visitors
Amy Sirocky-Meck
Title IX Officer for Students
5405686991
robinsjr@jmu.edu
5405684066
sirockam@jmu.edu
Diane Yerian
Title IX Officer for Staff
5405688090
yeriandg@jmu.edu
Jennifer Phillips
Associate Athletic Director for
Compliance
5405688036
phill2jr@jmu.edu
James Madison
University
We have a list of crimes now
Where did it happen?
A crime must be reported if it occurred:
On campus (see Map )
On campus, in residence halls
Public Property - on public property within or immediately adjacent to campus
(see Map)
Non-Campus - in or on non-campus property owned or controlled by the
University or a recognized student organization
Clery map and list of locations can be found at Clery Geography
James Madison
University
The Clery Geography by Definition
Link to list of addresses of Clery Geography
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 the
Universities educational
purposes.
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 intuitions educational purpose and
frequently used by students which is non-campus.
For Example
For Example
Fraternities
Campus Ministries
For Example
JMU Residence Halls,
Administrative Buildings,
parking lots on campus and
other buildings on campus
All public property, including
thoroughfares, streets, sidewalks, and
parking facilities, that is within the campus
or immediately adjacent to and accessible
from the campus.
WMRA Radio Station
JMU Farm House
JMU Farm Pavilion
983 Reservoir Street
8399 Alumnae Drive Port Republic VA
8398 Alumnae Drive Port Republic VA
Relates to city streets and sidewalks
immediately adjacent or within
University property Cantrell Avenue
(now known as Martin Luther King 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
To View Map In
Greater Detail
MAP
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.
James Madison
University
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
JMU POLICE 568-6911 If it has occurred off campus
contact ECC at 911
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
Offer help
Provide the person with information on:
•
Reporting to campus police or if the incident happened off campus
the local police.
•
Campus programs for assisting victims of sexual and /or other
forms of assault.
•
Procedures for seeking medical help.
•
Counseling and Psychological Services.
Complainants Rights Information contains helpful resources.
James Madison
University
Then Just get the facts
•
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.
James Madison
University
Just the facts
•
Encourage the person to report the crime to the police. (But don’t
insist).
•
Tell the person how he/she can report anonymously
http://www.jmu.edu/pubsafety/SilentWitness.shtml
•
BUT: The decision isn’t yours
•
A person who talks to you may not want to talk to 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.
James Madison
University
Get the facts
Fill out the Clery Incident Report Form and submit the information electronically
on the crime statistic form which can be located
http://www.jmu.edu/pubsafety/CrimeStatisticForm.shtml
Get as accurate and complete a description of what happened as you can.
•
Questions to ask reference sex offenses:
Was crime committed forcibly against victim’s will?
Did the assailant use or threaten force? A weapon?
Was victim incapable of giving consent because of
temporary/permanent mental/physical incapacity or underage?
Did assailant penetrate the victim’s body?
Did the victim know the assailant?
Was assault facilitated by giving drugs/alcohol?
Details! Details! Details!
James Madison
University
Get the facts
• Questions to ask reference non-forcible sex offenses:
Is the victim related to the suspect(s)?
How old is the victim and how old is suspect(s)?
• 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?
James Madison
University
Get the facts
• 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?
• 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?
James Madison
University
Get the facts
• 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
• 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?
James Madison
University
Get the facts
• 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.
James Madison
University
How to report
Record and submit the information electronically on the crime statistic form which can be located
http://www.jmu.edu/pubsafety/CrimeStatisticForm.shtml
Officer Carickhoff Clery Compliance Officer
821 South Main Street MSC 6810 Harrisonburg, VA 22802
or 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
James Madison
University
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 Judicial Affairs 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…
James Madison
University
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…
James Madison
University
Liquor, drug, weapon law violations
Police must keep statistics on the number of people arrested or
cited for liquor, drug and weapon law violations.
Student housing and student judicial affairs 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)
James Madison
University
Help is at hand...
• Clery Compliance Officer:
Lisa Carickhoff caricklt@jmu.edu
Telephone 540-568-6769
Fax 540-568-3308
• Resources for learning more
Security on Campus
www.securityoncampus.org/
• U.S. Department of Education
2011 Handbook for Campus Safety and
Security Reporting
http://www2.ed.gov/admins/lead/safety/campus.html
James Madison
University