Jeanne Clery Campus Security Act
822.1 PURPOSE AND SCOPE
The purpose of this policy is to establish guidelines to ensure this department fulfills its obligation in complying with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) as well as applicable California Education Code requirements.
822.2 POLICY
The University of California Santa Cruz Police Department encourages accurate and prompt reporting of all crimes and takes all such reports seriously (20 USC § 1092(f)(1)(C)(iii)). Reports will be accepted in any manner, including in person or in writing, at any University of California Santa Cruz Police Department facility. Reports will be accepted anonymously, by phone or via email or on the institution’s website.
It is the policy of the University of California Santa Cruz Police Department to comply with the Clery Act. Compliance with the Clery Act requires a joint effort between the University of California Santa Cruz Police Department and the administration of the institution.
Supervisors assigned areas of responsibility in the following policy sections are expected to be familiar with the subsections of 20 USC § 1092(f) and 34 CFR 668.46 that are relevant to their responsibilities.
822.3 POLICY, PROCEDURE AND PROGRAM DEVELOPMENT
The Chief of Police will:
(a) Ensure that the University of California Santa Cruz Police Department establishes procedures for immediate emergency response and evacuation, including the use of electronic and cellular communication and testing of these procedures (20 USC § 1092(f)(1)(J)(i); 20 USC § 1092(f)(1)(J)(iii)).
(b) Enter into written agreements as appropriate with local law enforcement agencies to (Education Code § 67381.1):
- Identify roles in the investigation of alleged criminal offenses on campus (20 USC § 1092(f)(1)(C)(ii)).
- (a) This includes identification of the responsibilities for sexual assault, hate crimes and Part 1 violent crime investigations (e.g., willful homicide, forcible rape, robbery or aggravated assault as defined in the FBI’s Uniform Crime Reporting (UCR) Handbook), and establishing the specific geographical boundaries of each agency’s responsibility, including maps as necessary (Education Code § 67381).
- Assist in the monitoring and reporting of criminal activity at off-campus student organizations that are recognized by the institution and engaged in by students attending the institution, including student organizations with off- campus housing facilities (20 USC § 1092(f)(1)(G)).
- Ensure coordination of emergency response and evacuation procedures, including procedures to immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation (20 USC § 1092(f)(1)(J)).
- Notify the University of California Santa Cruz Police Department of criminal offenses reported to local law enforcement agencies to assist the institution in meeting its reporting requirements under the Clery Act (20 USC 1092(f)(1)(F)).
- Notify the University of California Santa Cruz Police Department of criminal offenses reported to local law enforcement agencies to assist in making information available to the campus community in a timely manner and to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)).
(c) Appoint a designee to develop programs that are designed to inform students and employees about campus security procedures and practices, and to encourage students and employees to be responsible for their own security and the security of others (20 USC § 1092(f)(1)(D)).
(d) Appoint a designee to develop programs to inform students and employees about the prevention of crime (20 USC § 1092(f)(1)(E)).
(e) Appoint a designee to develop educational programs to promote the awareness of rape, acquaintance rape, domestic violence, dating violence, sexual assault and stalking, and what to do if an offense occurs, including but not limited to, who should be contacted, the importance of preserving evidence and to whom the alleged offense should be reported (20 USC 1092(f)(8)(B)). The designee shall also develop written materials to be distributed to reporting persons that explains the rights and options provided for under 20 USC § 1092 (20 USC § 1092(f)(8)(C)).
(f) Appoint a designee to make the appropriate notifications to institution staff regarding missing person investigations in order to ensure that the institution complies with the requirements of 34 CFR 668.46(h).
822.3.1 ADDITIONAL REQUIREMENTS
The Chief of Police or the authorized designee will also (Education Code § 67386):
(a) Assist the institution with the development of policies and procedures relating to sexual assault, domestic violence, dating violence and stalking involving a student whether it occurred on- or off-campus including:
- The differences between standards of proof and defenses in criminal investigations and administrative or disciplinary matters.
- Victim-centered protocols including privacy protection, responses to reports, interviews, investigations, required notifications and participation by victim advocates and other supporting individuals.
(b) Assist, as appropriate, with trauma-informed training for campus personnel involved in investigating and adjudicating sexual assault, domestic violence, dating violence and stalking cases.
(c) Assist, as appropriate, in the development of the institution’s comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking.
(d) Ensure that any reported Part 1 violent crime, sexual assault or hate crime described in Penal Code § 422.55 (whether it occurred on- or off-campus), is reported as soon as practicable to any local law enforcement agency with investigation responsibilities pursuant to a written agreement with the University of California Santa Cruz Police Department or the institution (Education Code § 67380).
- The identification of the victim shall be withheld, unless the victim consents to being identified after being informed of the right to have his/her personally identifying information If the victim does not consent to being identified, then the alleged assailant shall not be identified unless the institution determines that the alleged assailant represents a serious or ongoing threat to the safety of the students, employees or the institution, and the immediate assistance of the University of California Santa Cruz Police Department is necessary to contact or detain the assailant (Education Code § 67380).
- If the institution discloses the identity of the alleged assailant to the University of California Santa Cruz Police Department, the institution must immediately inform the victim of that disclosure (Education Code § 67380).
822.4 RECORDS COLLECTION AND RETENTION
The Communications Manager is responsible for maintaining University of California Santa Cruz Police Department statistics and making reasonable good-faith efforts to obtain statistics from other law enforcement agencies as necessary to allow the institution to comply with its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)). The statistics shall be compiled as follows:
(a) Statistics concerning the occurrence of the following criminal offenses reported to this department or to local police agencies that occurred on campus, in or on non-campus buildings or property, and on public property including streets, sidewalks and parking facilities within the campus or immediately adjacent to and accessible from the campus (20 USC § 1092(f)(1)(F)(i); 34 CFR 668.46(c)):
- Murder
- Sex offenses, forcible or non-forcible
- Robbery
- Aggravated assault
- Burglary
- Motor vehicle theft
- Manslaughter
- Arson
- Arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations and weapons possession
- Dating violence, domestic violence and stalking
- The statistics shall be compiled using the definitions in the FBI’s UCR system and modifications made pursuant to the Hate Crime Statistics Act (20 USC § 1092(f)(7); 34 CFR 668.46(c)(9)). For the offenses of domestic violence, dating violence and stalking, such statistics shall be compiled in accordance with the definitions used in the Violence Against Women Act (20 USC § 1092(f)(7); 34 USC § 12291; 34 CFR 668.46(a)). The statistics will be categorized separately as offenses that occur in the following places (20 USC § 1092(f)(12); 34 CFR 668.46(c)(5)):
- (a) On campus.
- (b) In or on a non-campus building or property.
- (c) On public property.
- (d) In dormitories or other on-campus, residential or student facilities.
(c) Statistics will be included by the calendar year in which the crime was reported to the University of California Santa Cruz Police Department (34 CFR 668.46(c)(3)).
(d) Stalking offenses will include a statistic for each year in which the stalking conduct is reported and will be recorded as occurring either at the first location where the stalking occurred or the location where the victim became aware of the conduct (34 CFR 668.46(c)(6)).
(e) Statistics will include the three most recent calendar years (20 USC § 1092(f)(1)(F); 34 CFR 668.46(c)).
(f) The statistics shall not identify victims of crimes or persons accused of crimes (20 USC § 1092(f)(7)).
822.4.1 CRIME LOG
The Communications Manager is responsible for ensuring a daily crime log is created and maintained as follows (20 USC § 1092(f)(4); 34 CFR 668.46(f)):
(a) The daily crime log will record all crimes reported to the University of California Santa Cruz Police Department, including the nature, date, time and general location of each crime, and the disposition, if known.
(b) All log entries shall be made within two business days of the initial report being made to the Department.
(c) If new information about an entry becomes available, then the new information shall be recorded in the log not later than two business days after the information becomes available to the police department or security department.
(d) The daily crime log for the most recent 60-day period shall be open to the public for inspection at all times during normal business Any portion of the log that is older than 60 days must be made available within two business days of a request for public inspection. Information in the log is not required to be disclosed when:
- Disclosure of the information is prohibited by law.
- Disclosure would jeopardize the confidentiality of the victim.
- There is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, may cause a suspect to flee or evade detection, or could result in the destruction of evidence. In any of these cases, the information may be withheld until that damage is no longer likely to occur from the release of such information.
822.4.2 COMPILING RECORDS FOR DISCLOSURE REQUIREMENTS
The Communications Manager is also responsible for compiling the following to allow the institution to comply with its disclosure requirements under Education Code § 67380:
(a) All occurrences reported to the University of California Santa Cruz Police Department and all arrests for crimes that are committed on campus that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
(b) All occurrences of noncriminal acts of hate violence reported to the University of California Santa Cruz Police Department for which a written report is prepared.
822.5 INFORMATION DISSEMINATION
It is the responsibility of the Administration Division Commander to ensure that the required Clery Act disclosures are properly forwarded to campus administration and community members in accordance with institution procedures. This includes:
(a) Procedures for providing emergency notification of crimes or other incidents and evacuations that might represent an imminent threat to the safety of students or employees (20 USC § 1092(f)(3); 34 CFR 668.46(e); 34 CFR 668.46 (g)).
(b) Procedures for notifying the campus community about crimes considered to be a threat to other students and employees in order to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)).
(c) Information necessary for the institution to prepare its annual security report (20 USC § 1092(f)(1); 34 CFR 668.46(b)). This report will include, but is not limited to:
- Crime statistics and the policies for preparing the crime statistics.
- Crime and emergency reporting procedures, including the responses to such reports.
- Policies concerning security of and access to campus facilities.
- Crime, dating violence, domestic violence, sexual assault and stalking awareness and prevention programs, including
- (a) Procedures victims should follow.
- (b) Procedures for protecting the confidentiality of victims and other necessary parties.
- Enforcement policies related to alcohol and illegal drugs.
- Locations where the campus community can obtain information about registered sex offenders.
- Emergency response and evacuation procedures.
- Missing student notification procedures.
- Information addressing the jurisdiction and authority of campus security including any working relationships and agreements between campus security personnel and both state and local law enforcement agencies.
