Clery Act Training for CSAs December 8, 2008 12:00 – 1:00 P.M. Co-Sponsored by: UCSF Police Department Student Academic Affairs Chief Pamela Roskowski Vice-Provost Joe Castro Michelle Won Presented by: Captain Paul Berlin and Chuck Goode 1 Training Agenda I. II. III. IV. V. Welcome and Introductions Overview of the Clery Act What is Clery? Annual Information Timely Warnings Campus Security Authority (“CSA”) Definition Responsibilities Reporting Requirements Clery Act Audits Question and Answer Session 2 Overview of the Clery Act What is the Clery Act? The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act Jeanne Ann Clery was raped and murdered in her room at Lehigh University in 1986. The law enacted in her memory is to ensure that students and others are informed about violent campus crimes so they can make informed decisions. The goal of the Clery Act is to assist students in making decisions which affect their personal safety and to provide students, prospective students and others the information they need to avoid becoming victims of campus crimes. 3 Overview of the Clery Act What is the Clery Act? Law is tied to federal student financial aid programs and requires colleges and universities to disclose certain timely warning and annual information about campus crime and security policies Violators can be “fined” up to $27,500 per incident by the U.S. Department of Education, the agency charged with enforcement of the Act 4 Overview of the Clery Act Annual Information All employees and students are notified by October 1 of each year that the campus annual security report is updated and available. The UCSF annual security report, entitled “Campus Security and Personal Safety Booklet” includes: Crime statistics for the three previous calendar years. The 2008 UCSF report, contains statistics for 2005, 2006, and 2007. Detailed descriptions of security-related institutional policies. The UCSF annual security report can be downloaded from the Clery website at: http://saa.ucsf.edu/clery/assets/Campus_Security_&_Personal_Saf ety_Booklet_2008.pdf 5 Overview of the Clery Act Timely Warnings In compliance with the Clery Act, the UCSF Police Department provides timely and relevant information about campus crimes occurring either on or off campus to students, faculties, employees and other interested parties. Timely warning "Crime Alerts" are disseminated through the University e-mail system via the campus-wide Safety and Security ListServ and on the campus-wide electronic bulletin board on the University Police web site at: http://www.police.ucsf.edu/newscrimealerts.htm 6 Where CSAs have a role: Why the Concern about Crime Reports? Many crimes, especially sexual assaults, are not reported to police. The Clery Act requires that we gather and publish crime data from multiple sources (including Campus Security Authorities) to ensure that students and others know about dangers on campus. The following slides explain these requirements and your role as Campus Security Authorities (CSA). 7 Campus Security Authority How is a campus official designated as a Campus Security Authority (CSA)? CSAs are defined by function and not by title. CSAs have: Contact with students Significant responsibility for student AND campus activities (The law broadly interprets “significant responsibility for student and campus activities” to ensure thorough reporting of crimes.) 8 Who Isn’t a CSA? The following are NOT Campus Security Authorities: Administrative staff not responsible for students (e.g., payroll, facilities) Clerical staff Individual faculty who DO NOT serve as advisors to registered student organizations Doctors in the Student Health Center, or Counselors in the Counseling Center, who only provide care to individual students 9 Confidential Resources and Reporting Confidential Resources Licensed professional mental health and pastoral counselors are exempt from Clery requirements. Confidential Reporting Process Victims have the option of reporting crimes confidentially (no names or criminal investigation) to the Campus Security Authorities, to be included in crime statistics. 10 What Are a CSA’s Responsibilities? If someone tells you about a crime or an incident that may be a crime, record the information and submit a report. Immediately report the incident to the police department Emergency (from a campus phone) 9 + 911 Non-emergency 476-1414 If it is not possible to report directly to the police department, you may download the UC Crime Incident Report Form” available at: http://saa.ucsf.edu/clery/. Fax this information to Chuck Goode at (415) 476-2089. When in doubt, report it! 11 What Are a CSA’s Responsibilities? Your job is to get and report the information the person is willing to tell you. Just get the facts. Remember: Report incidents to the UCSF Police Department immediately Get as much of a description of what happened as you can -- even incomplete information can help You do not need to make a judgment about what happened, just get the facts You are not a detective, and don’t need to find the perpetrator Note: If the victim reports a crime to you, but wishes to remain anonymous, you still need to submit a UC Crime Incident Report 12 Form but do not need to identify the victim. What Are a CSA’s Responsibilities? Be sure to document properly and report the incident to the police department, immediately. When documenting and/or reporting the incident remember to include important details. When the crime or incident occurred, including date and time What happened during the incident, including how the crime was committed Where the crime or incident occurred Who was involved in the crime When it was reported to you 13 What Are a CSA’s Responsibilities? Besides documenting and reporting the incident, you are required to: Describe the options to the victim and Offer referral to resources 14 What Are a CSA’s Responsibilities? Describe Options Don’t identify the victim UNLESS she/he gives permission Let the person know about options for reporting to the police, but she/he may not want to talk to police – and doesn’t have to If the accused is a student, let the victim know that the matter can be reported to the Associate Dean/Dean of their respective school for disciplinary action Inform her/him about the Confidential Reporting process available through the Campus Security Authorities 15 What Are a CSA’s Responsibilities? Offer Referrals to Resources Available medical treatment Counseling services for students and staff Student Health Services (SHS) Center for Gender Equity (CGE) Faculty Staff Assistance Program (FSAP) School of Medicine, Student Well-Being Center 16 What Are a CSA’s Responsibilities? What You Are Required to Report Criminal homicide (murder and manslaughter) Sex offenses, forcible & non-forcible Aggravated assault Robbery Burglary Motor vehicle theft Arson 17 What Are a CSA’s Responsibilities? What You Are Required to Report Hate crimes, including any of the previously mentioned crimes, or any other crime causing bodily injury, if motivated by hate. As of August 14, 2008, the following crimes are included in this category: Larceny-theft Simple assault Intimidation Vandalism Also must report arrests and discipline referrals of students, staff, and faculty for liquor, drug, and weapons 18 Report Crimes by Location A crime must be reported if it occurred: On campus or on UCSF property Any building or property owned or controlled by UC including streets, grounds & parking lots within campus/UCSF boundaries and used in direct support of UCSF’s educational purposes or Any building or property owned by UC but controlled by others, is frequently used by students and supports institutional purposes (such as a food or other retail vendor). On-campus student residences Dormitories or other residential facilities for students on campus including privately owned/operated housing located on campus property 19 Report Crimes by Location A crime must be reported if it occurred: On public property adjacent to campus & adjacent to UCSF All public property, including thoroughfares, streets, sidewalks, parking facilities that is within the campus, or immediately adjacent to and accessible from the campus On non-campus property Any building or property owned or controlled by a student organization officially recognized by UC or Any building or property owned or controlled by UC that is used in direct support of UC’s educational purposes, is frequently used by students, and is not “on-campus” property. 20 Non-Campus Locations Under the law, some off-campus locations are deemed so closely related to the University that crimes at such locations are included in campus crime statistics. These properties are termed “non-campus property,” defined by law to include: Property owned or controlled by UCSF (e.g. Mission Center Building, Mission Bay, Mt. Zion Hospital, Laurel Heights, Fresno, SFGH, VA Hospital, etc.) Property owned or controlled by a student organization registered with UCSF (e.g. a fraternity) 21 Aids and Reminders Each quarter you will receive an email with relevant updates to the Clery Act. During the first quarter of each year, you will be asked to complete a “UC Crime Incident Form” for the previous calendar year. If you have nothing to report, you still need to indicate that, sign it and fax it to Chuck Goode at (415) 476-2089. If you have already reported the crime to UC Police, you can indicate that on top of the form “As reported to UC Police – include date”. If you have questions about how to fill out the form, call Chuck Goode at (415) 476-0620. 22 Aids and Reminders To learn more about your role as a Campus Security Authority, please visit the Clery Website located at: http://saa.ucsf.edu/clery/. Go to the webpage for “Information for Designated Campus Security Authorities.” Under that webpage, you will find links to: UC Clery Act Compliance Manual – 2002 currently undergoing revision Handbook for Campus Crime Reporting – a 216 page handbook issued by the Department of Education 23 California State Auditor Bureau of State Audits: Clery Act Audit The California Education Code requires the State Auditor to conduct an audit every three years of the collection and reporting of crime statistics at post-secondary education institutions that receive federal student aid. The auditor reports its findings to the State Legislature. The last audit was conducted during 2006 and released in January 2007. Six institutions were audited, including two UC campuses (UCB and UCLA). 24 California State Auditor Bureau of State Audits: Clery Act Audit Here were some of the problems identified during the audit: Not all crimes, as defined by California law, can be directly converted to reportable crimes under the FBI’s Uniform Reporting guidelines. Lack of internal controls in the electronic systems used to track crimes led to inaccurate reporting of crime statistics. Lack of procedures placed to ensure that Clery coordinators collect responses from all Campus Security Authorities whether or 25 not they have crimes to report. California State Auditor Bureau of State Audits: Clery Act Audit Here were some of the problems identified during the audit: Policies and procedures to allow for reporting of crimes anonymously was lacking. Absence of clearly written policy and procedures regarding timely warning. Failure to properly distribute the institution’s annual reports to all enrolled students and current employees by October 1 of each year. 26 Review As a Campus Security Authority – you are required to: Get the facts – When, what, where, who, etc. Report all Clery related crimes immediately to the UCSF Police Department so the campus can comply with timely warning policies and have accurate crime statistics for our annual security report Inform victims of their options, including confidential reporting options and offer referrals to resources 27 Reporting Emergencies and Crimes The UCSF Police Department has primary jurisdiction over the University of California, San Francisco properties, owned and leased. The University strongly encourages immediately reporting all incidents and/or any suspicious activity to the UCSF Police at any time of the day or night. Non-emergency 476-1414 Emergency from campus phones 9 + 911 Emergency from cell phones 476-6911 28 Question and Answer Session 29