Jeanne Clery Campus Security Act

Jeanne Clery Campus Security Act

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Jeanne Clery, a 19-year-old Lehigh University freshman, was assaulted and murdered in her dorm room in April 1986. The Jeanne Clery Act was enacted in the belief that crime awareness can prevent campus victimization. The law requires colleges and universities receiving federal funding to prepare, publish, and distribute, by October 1 of each year, campus security policies and crime statistics. These campus security policies and crime statistics must be distributed through appropriate publications or mailings, to all current students and employees, and made available to any applicant for enrollment or employment upon request.

 

Choosing a postsecondary institution is a major decision for students and their families. Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern. In 1990, Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA). This act required all postsecondary institutions participating in HEA’s Title IV student financial assistance programs to disclose campus crime statistics and security information. The Act was amended in 1992, 1998 and 2000. The 1998 amendments renamed the law the Jeanne Clery

Disclosure of Campus Security

Policy and Campus Crime Statistics Act in memory of a student who was slain in her dorm room

In1986. It is generally referred to as the Clery Act.

 

In 2008, the Higher Education Opportunity Act or HEOA (Public Law 110-315) reauthorized and expanded the Higher Education Act of 1965, as amended. HEOA amended the Clery Act and created additional safety and security related requirements for institutions. Although HEA, as amended, is the law that governs the administration of all federal higher education programs, as used in this report, HEA refers only to the Clery Act and HEOA safety and security related requirements.

 

In 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against

Women Act. Included in the bill was the Campus Sexual Violence Elimination Act (Campus Save), which amends the Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking.

 

More information about the Clery Act can be found at: clerycenter.org.

 

In 2008, the Higher Education Opportunity Act or HEOA (Public Law 110-315) reauthorized and expanded the Higher Education Act of 1965, as amended. HEOA amended the Clery Act and created additional safety and security related requirements for institutions. Although HEA, as amended, is the law that governs the administration of all federal higher education programs, as used in this report, HEA refers only to the Clery Act and HEOA safety and security related requirements.

 

In 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against

Women Act. Included in the bill was the Campus Sexual Violence Elimination Act (Campus Save), which amends the Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking.

 

More information about the Clery Act can be found at: clerycenter.org.

 

Consequences for Non-Compliance with the Clery Act

Possible consequences for an institution’s non-compliance with the Clery Act include:

•             A suspension or limiting of the institutions Title IV funding

•             The Department of Education may issue a civil fine up to $35,000 per violation

•             The institution may suffer reputational loss due to negative media attention

•             Failure to comply with the Clery Act can be used in various litigation matters

 

Clery Compliance Committee

In order to assist the university administration with achieving annual compliance with the Clery

Act, UC Santa Cruz has appointed members of the campus community to the Campus Clery Act Compliance Committee. The overall charge of the Campus Clery Act Compliance Committee is to plan and facilitate activities that will directly support the campus in achieving compliance.

In part, coordination and documentation for compliance is managed through the UC Santa Cruz Police Department. The committee consists of members from the following departments at UC Santa Cruz:

•             Police Department

•             Academic Personnel Office

•             Admissions

•             CHES (Colleges Housing and Educational Services)

•             Dean of Students

•             Environmental Health and Safety

•             Executive Vice-Chancellor and Provost Office

•             Fire Department

•             General Counsel

•             Human Resources

•             ITS (Information and Technology Services)

•             Risk and Safety Services

•             Risk Services

•             Student Health Center

•             Student Judicial Affairs

•             Title IX Coordinator

•             Women’s Center

 

DISCLOSURE OF STATISTICAL INFORMATION

Many crimes are not reported to the police. As such, by collecting data through established guidelines from other sources, UC Santa Cruz is able to obtain a more accurate count of crimes on campus and affiliated locations. A crime is reported when a witness, a victim, a third party or the offender, regardless of that person’s affiliation, brings it to the attention of law enforcement or a campus security authority. In turn, UC Santa Cruz discloses crimes in the statistical portion report regardless of whether the crimes have been investigated by the police, and of this regardless of whether a finding of guilt or responsibility has been assigned.

 

UC Santa Cruz makes a good faith effort to obtain the statistics by requesting them, in writing, from non-police campus security authorities and allied law enforcement agencies. UC Santa Cruz relies on the information obtained, but is not responsible if the information is inaccurate or is not provided. UC Santa Cruz also gathers statistical information about fires at on-campus student housing facilities. The Campus Fire Marshal collects this information from a variety of sources including campus security authorities, fire department personnel, and other reporting parties.

The 2012 UC Santa Cruz Annual Campus Security and Fire Safety Report is a resource for the campus community to make informed decisions about their safety. Clery Act statistics for the

University of California, Santa Cruz campus for the previous three years are available at:

www.ucsc.edu/about/crime-stats/. For questions regarding the preparation of the Annual

Campus Security and Fire Safety Report, please call 831-459-2231 and ask for the Records and Communications Manager.

 

OVERVIEW OF UC SANTA CRUZ POLICE AND FIRE DEPARTMENTS

 

UC Santa Cruz Police Department

The UC Santa Cruz Police Department has primary law enforcement jurisdiction over the University of California, Santa Cruz campus and affiliated (owned, leased or controlled) off-campus properties. Crime prevention and apprehension of those who commit crimes within the Department’s jurisdiction is the mission of the UC Santa Cruz Police Department.

UC Santa Cruz police officers are duly sworn peace officers under Penal Code §830.2. The officers are armed and have the same authority under the law as municipal police officers. Officers patrol the UC Santa Cruz campus and off-campus locations 24 hours a day, 365 days a year. They enforce applicable local, state, and federal laws and provide a full range of police-related services, including immediate response to medical and fire emergencies.

 

The UC Santa Cruz Police Department operates a 911 Dispatch Center 24 hours a day, 365 days a year and can receive calls from a cell phone, landline phone, blue light phone, emergency call box, elevator phone or TDD machine.

 

Working with Other Law Enforcement Agencies

The UC Santa Cruz Police Department works closely with surrounding law enforcement agencies, and has written agreements with city, county and state police agencies. In addition, the Department works with the FBI, US Secret Service, and other federal law enforcement agencies to share information and investigate crime. Meetings are held between the leaders of these agencies, on both a formal and informal basis.

 

Daily Police Logs

The Daily Crime Log lists crimes reported to and/or responded to by the UC Santa Cruz Police Department for the previous 60 days. The information listed in the log includes the nature of the crime, general location, date/time occurred, disposition, and date reported. The Daily Crime Log is kept in the Police Department Records Unit, and upon request is immediately available to the public during the Records Unit business hours. Any information pertaining to the Daily Crime Log that is older than the previous 60 days can be made available within two business days, upon request.

 

DESIGNATED REPORTERS

 

Campus Security Authorities

Even at institutions with a police department on campus, a student who is a victim of a crime may be more inclined to report it to someone other than the police. For this reason the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that the Clery Act refers to as Campus Security Authorities (CSA).

 

A CSA is an official of the university who has significant responsibility for student and campus activities. They are usually found in departments responsible for, but not limited to, student and campus activities, safety/security, student conduct/judicial, housing, athletics, or human resources. This designation also includes any individual who has been specified by UC Santa Cruz to receive and report offenses.

 

CSAs are responsible for immediately reporting crimes and incidents that occur on the UC Santa Cruz campus or affiliated property to the UC Santa Cruz Police Department. More information about CSA responsibility is located at: deanofstudents.ucsc.edu/student-conduct/clery.html. In addition, a CSA crime report form has been developed to assist in reporting crimes or incidents associated with the Clery Act, and this form is located at: www.sa.ucsc.edu/judicial/clery/CrimeReport.cfm.

 

California Mandatory Reporting Laws

As outlined by Penal Code §368 and Welfare and Institutions Code §15600 et al., the California

Legislature enacted recent laws to require elderly and dependent adult care custodians, health practitioners, Adult Protective Services staff, law enforcement, and other designated agencies to report and to investigate incidents of abuse/neglect. The categories of abuse and neglect that must be reported by mandated parties now include: physical, sexual, financial, isolation, abandonment, abduction, neglect, mental suffering, and self-neglect. California Penal Code §11160 requires prompt, mandatory reporting to the local law enforcement agency by healthcare practitioners (such as those at the Cowell Student Health Center) when they provide medical services to a person they know or reasonably suspects is suffering from wounds inflicted by a firearm or as a result of assaultive or abusive conduct. The Child Abuse Neglect and Reporting Act (CANRA), codified in California Penal Code §§11164-11174.3, requires that employers of mandated reporters (as defined in the Act) promote identification and reporting of child abuse or neglect. It is the policy of the University of California to comply with its obligations under the Act; to require that all university employees and administrators who are mandated reporters make required reports to child protection or law enforcement agencies; and, more broadly, to encourage all members of the university community who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a university facility or perpetrated by university personnel to promptly report the concern to appropriate law enforcement, external officials and university officials. More information about the University of California CANRA Policy can be found at: policy.ucop.edu/doc/4000603/CANRA.

 

REPORTING PROCEDURES

UC Santa Cruz strongly encourages immediate reports of crimes, emergencies, and/or suspicious, disturbing, or threatening behaviors to the UC Santa Cruz Police Department. Prompt reporting ensures an appropriate response, the consideration of the issuance of a Timely Warning or an Immediate Notification, and assists in properly gathered statistics. Activities or incidents occurring outside of the UC Santa Cruz jurisdiction should be reported immediately to the agency having jurisdiction where the property is located.

 

Phone Number When To Call

9-1-1 Any kind of emergency situation with serious threat to life or property.

831-459-2231 Any kind of emergency situation with serious threat

to life or property, if unable to dial 9-1-1 from phone being used.

831-459-2231 Non-emergency police related calls, 24 hours.

831-459-2100 Campus Safety Officer Dispatch Line, 7pm-3am nightly.

831-459-4861 Major Emergency Maintenance problems; requests for response that cannot wait until the next business day.

831-459-4980 Telecommunications Device for the Deaf, 24 hours.

831-459-3TIP or 831-459-3847 or 800-403-4744 Anonymous reports of a crime can be made by calling the Crime Tip Line or at police.ucsc.edu/report.

 

Blue light phones, emergency elevator phones and emergency call boxes may be used to contact the dispatch center in emergency situations. These phones are located throughout the campus. If there is a fire and no telephone is available, activate one of the fire alarm manual pull stations located throughout campus buildings.

 

Confidential Clery Reporting Process

The UC Santa Cruz Police Department encourages anyone who is the victim or witness to any crime to promptly report the incident to the police. Under circumstances prescribed in Government Code §6254(f), information from police reports may be released. Whenever possible and pursuant to Penal Code §293, the UC Santa Cruz Police Department withholds information that may identify victims of crime or other activity. If victims do not wish to file a police report, they, or others acting on their behalf, can report crimes informally and confidentially (no names or criminal investigation) to any non-police CSA. In general, reports from non-police CSAs are confidential, unless the victim gives permission to document identifying information or for police to investigate. This information is used to compile statistics, to avoid duplicate or inaccurate statistical reporting, and to assign reports to appropriate Clery Act and FBI crime classifications. Only statistical information obtained from these confidential reports will be included in the Annual Campus Security and Fire Safety Report.

 

UC Santa Cruz encourages professional counselors (including confidential victim advocates) and pastoral (religious) counselors to inform victims they counsel, if and when they deem it appropriate, of these procedures for reporting crimes on a voluntary, confidential basis for inclusion in crime statistics.

 

Compilation of Annual Crime Statistics

The current Annual Campus Security and Fire Safety Report has been compiled for the previous calendar year (2012) from crime reports received by the UC Santa Cruz Police Department; from crime statistics received from other police agencies having jurisdiction over off-campus UC Santa Cruz affiliated, owned, or controlled property; from crime reports received in response to written requests sent to non-police campus security authorities; and from reports received through established reporting guidelines. The report also includes disciplinary referrals to Student Judicial Affairs for drug, alcohol, weapons, and other Clery Act crimes not otherwise reported as an arrest or crime.

 

The types of crimes or incidents collected include the following:

•             Homicide

•             Aggravated Assault

•             Sexual Assault

•             Robbery

•             Burglary

•             Motor Vehicle Theft (Stolen vehicles)

•             Arson

•             Weapon Violations (e.g. Possession, Brandishing)

•             Alcohol Violation (e.g. Minor in possession)

•             Drug Violations

•             Hate Crimes

 

Campus Security Authority Training Sessions

A Powerpoint presentation to help Campus Security Authorities understand the Clery Act, why they have been designated as a CSA, and what is required of them as CSAs.   To assist you in better understanding the requirements, definitions and procedures involved with compliance to the Clery Act, the UC Santa Cruz Police Department will meet with CSAs to hold training sessions.  Please contact Elisabet Hiatt at (831) 459-2231 or lazo@ucsc.edu to schedule training.

You can also download the Clery Act Campus Security Authority Powerpoint Presentation (Here)