Administrative
Crime Awareness and Campus Security
COMPLIANCE WITH PUBLIC LAW 101-542
(The Clery Act)
PURPOSE:
To establish a policy and procedures to comply with the Jeanne Clery Disclosure of Campus Crime Statistics Act (or simply, The Clery Act), formerly known as the Crime Awareness and Campus Security Act of 1990 (Title II, Public Law 101-542) and its amendments.
DEFINITIONS;
A. The criminal offenses and violations that must be reported are defined in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program and the Clery Act as follows:
1. Murder and Non-Negligent Manslaughter - the willful (non-negligent) killing of one human being by another.
2. Negligent Manslaughter - the killing of another person through gross negligence.
3. 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.
4. Aggravated Assault - an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
5. Burglary - the unlawful entry of a structure to commit a felony or 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.
6. Motor Vehicle Theft - the theft or attempted theft of a motor vehicle. For reporting purposes include all cases where automobiles are taken by persons not having lawful access even if the vehicle was later abandoned, including joyriding.
7. 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, or personal property of another.
8. Sex Offenses, Forcible - any sexual act 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. For reporting the victim is incapable of giving consent. For reporting purposes this includes forcible rape, forcible sodomy, sexual assault with an object and forcible fondling.
9. Sex Offenses, Non-Forcible - unlawful, non-forcible sexual intercourse. For reporting purposes this includes incest and statutory rape.
10. Drug Abuse Violations - violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
11. Liquor Law Violations - 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 the illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned.
12. Weapon Law Violations - violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing weapons; and all attempts to commit any of the aforementioned.
13. Hate Crimes - violations of the above listed crimes, except drug, liquor and weapons violations and any other crime involving bodily injury where the victim was intentionally selected on the basis of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability the hate crime must be reported according to the category of hate, bias or prejudice.
B. Offenses are to be reported by separate geographical locations as defined below:
1. On campus - any building or property owned or controlled by Appalachian State University within the Town of Boone that is used by Appalachian in direct support of, or in a manner related to, our educational mission. Any property within the Town of Boone owned by Appalachian State University but controlled by another person, if that property is used by students and supports our purposes.
2. Non-Campus Building or Property - any building or property owned or controlled by a student organization recognized by Appalachian State University. Any building or property (other that an branch campus) owned or controlled by Appalachian that is used in direct support of our educational mission, is frequently used by students, and is outside the Town of Boone.
3. Public Property - all public facilities and property including roads, thoroughfares, streets, sidewalks and parking facilities that are either within the campus or immediately adjacent to and accessible from the campus.
4. On Campus Residential Facilities - for Clery Act reporting purposes, this requires a separate reporting category. All incidents that occur in a residential facility will also occur "on campus" and thus must be counted in each category.
C. Other Important Definitions.
1. Business Day - Monday through Friday, excluding any day when the University is closed.
2. Campus Security Authority - any official of Appalachian State University who has a significant responsibility for campus security and for certain student and campus activities, including the following:
(a.) the Appalachian State University Police Department;
(b.) any individuals not employed by Appalachian State University Police Department but having responsibility for monitoring entrance into institutional property (e.g., security guards employed for special events on institutional property);
(c.) the Director of Athletics and team coaches;
(d.) the Appalachian State University Equity Office;
(e.) the following divisions within the Division of Student Development: Residence Life and Housing; Student Judicial Affairs; Student Programs; Recreation; Center for Student Involvement and Leadership.
3. Prospective Employee - an individual who has contacted an official of Appalachian State University for the purpose of requesting information concerning employment.
4. Prospective Student - an individual who has contacted an official of Appalachian State University for the purpose of requesting information concerning admissions.
5. University - refers to Appalachian State University, a constituent institution of The University of North Carolina with its main campus located in Boone, North Carolina.
6. Pastoral Counselor - a person who is associated with a religious order or denomination that recognizes him/her as someone who provides confidential counseling, and is functioning within the scope of that recognition as a university pastoral counselor.
7. Professional Counselor - is a person whose official responsibilities include providing mental health counseling to members of the university community and is functioning within the scope of his/her license or certificate.
8. Referred for campus disciplinary action - the referral of any student to any campus official who initiates a disciplinary action of which record is kept and which may result in the imposition of a sanction.
GENERAL POLICY:
On November 8, 1990, the Crime Awareness and Campus Security Act (Title II, Public Law 101-542) was signed into law. This law requires universities to produce and make available certain policy statements and statistics about campus crime.
This University policy is adopted to comply with Public Law 101-542, as amended.
It is the policy of the University to publish by October 1 st of each school year an annual security report that informs current students and employees of the safety and security policies, procedures and practices listed below. The annual security report will also disclose statistics from the previous three years concerning reported crimes listed under definitions (paragraph A above), that occurred: On campus; in certain off campus buildings or property, either owned or controlled by the University or owned or controlled by a student organization recognized by the University; and on public property within, or immediately adjacent to and accessible from the campus. This information will be made available to prospective students, prospective employees, and others upon request. Other information required by Public Law 101-542, its mendments and pertinent regulations shall also be made available at least annually through appropriate publications.
It is also the policy of the University that students and employees are ultimately responsible for their own safety and security. Nothing in this policy or other publications of the University is intended to represent the University as an insurer of any individual's personal safety or security. Students, employees and visitors are expected to use caution and good judgment, and make decisions to ensure their own safety.
POLICY DETAILS:
A. Policy for reporting criminal actions or emergencies
On-campus violations of state and federal criminal statutes are reported to the University Police Department, which has primary responsibility for security on campus. Reports of crimes may be made to other campus security authorities as defined in paragraph C2 above. Campus security authorities will refer all reportable offenses to the University Police Department. Reports of crimes may also be made anonymously to the Watauga County Crimestoppers by calling 262-4555. Crimestoppers will keep the caller's identity confidential and will refer all crimes that occur on campus to the University Police. All reports are investigated and the perpetrators are either prosecuted, referred to the Office of Student Judicial Affairs for discipline under the Code of Student Conduct, or both. University Police officers prepare cases and testify in court or disciplinary hearings as necessary.
The North Carolina State Bureau of Investigation and other law enforcement agencies may assist with investigations upon request. Reports of felony violations and certain misdemeanor violations which occur on campus are routinely reported to the Division of Criminal Information (a division of the State Bureau of Investigation) each month.
The University Police Department is the contact point for the reporting of all campus emergencies and crimes. Officers responding to an emergency or crime will assess the situation and obtain additional assistance as needed.
The University Police in coordination with Student Development shall make timely warning reports (Crime Alerts) to the campus community, concerning any crime that is considered to be a threat to students or employees when such a crime is reported to a campus security authority, or reported to local law enforcement agencies and brought to the attention of the University Police Department. The University Police Department is responsible for collecting all applicable crime statistics from campus security authorities and other law enforcement agencies and disclosing this data in the annual security report.
B. Policies on security and access to campus facilities
Academic buildings generally are closed to predetermined times each evening. Opening and closing times are scheduled by the deans of the colleges through the Office of Business Affairs. University Police officers routinely check each building between 5:00 p.m. and 5:00 a.m. Campus residence halls are secured 24 hours a day by a card access system, and residents gain access with their student identification card. A door lock secures each residence hall room. A student monitor is on duty in each hall from midnight to 5am. Safety and security checks are made periodically by student monitors who contact the University Police as needed. Additionally, Residence Assistants (RA's) are available on all residence hall floors and a Resident Director lives in each resident hall on campus. The University maintains a blue-light system that enable persons to make direct telephone contact with the University Police Department if assistance is needed. The telephones with "location" lights are placed at strategic points throughout the main campus. A campus safety walk is ordinarily conducted at least once a year by University administrators and student leaders to survey the adequacy and maintenance of campus lighting. A check is also done at those times to see that landscaping near buildings and along walkways does not obscure vision or present safety hazards.
C. Current policies concerning campus law enforcement
1. Enforcement authority - University Police officers are commissioned as law enforcement officers by the North Carolina Department of Justice, Criminal Justice Standards Division. Officers must meet minimum certification standards for police officers in the State of North Carolina. Officers have the power of arrest and are sworn to enforce statutes of North Carolina. Officers are armed and must qualify annually. Results are reported to the North Carolina Department of Justice, Criminal Justice Education and Training Standards Commission.
2. Policy to encourage reporting of crimes - Appalachian State University requires employees (to the extent allowed under professional ethics constraints) and encourages students and visitors to promptly report crimes, which occur, on campus. Pastoral and professional counselors are encouraged to report crimes to the University Police, but the University does not mandate that they report. Crimes and emergencies should be reported to the University Police Department by calling 262-8000 or by using one of the emergency Blue Light phones located throughout campus. The University provides programs to inform people about the procedure to report crimes and provides services to assist victims of crimes. The University Police Department, Health Services, Counseling and Psychological Services Center, and other offices offer assistance to victims of crime on the bases of their specific needs and requests for information.
D. Campus programs related to security and crime prevention The University provides programs, through the Division of Student Development, University Police Department, and other offices, to promote awareness and provide information and services related to security practices and crime prevention. The number and types of programs offered to educate the community vary from year to year. Among programs which have been routinely offered are: daily crime log, weekly crime statistics published in the student newspaper, a monthly crime awareness committee meeting (open to all students, staff and faculty), a quarterly newsletter published by the University Police Department, Rape Aggression Defense (RAD) classes, individual counseling and periodic seminars about rape prevention, date rape, substance abuse, assertiveness, conflict management, relationship violence, and personal safety. An awareness walk is usually held at the beginning of each academic year to inform and sensitize members of the campus community to issues of personal safety, and the University supports a campus escort service operated by the Parking and Traffic Office (Mountaineer Escort). Call 262-RIDE to request an escort.
E. Statement of policy regarding criminal activity of students and student organizations off-campus
As a general rule, the University does not regulate the off-campus conduct of students. The University generally relies on local, non-University law enforcement agencies for response to off-campus crimes. However, the University does monitor and discloses in the annual security report crimes that occur on property owned or controlled by officially recognized student organizations. The University also reserves the right to address allegations of off-campus crimes through the Code of Student Conduct when appropriate. Such crimes are included in local law enforcement agencies' reports to the State Bureau of Investigation, but are not included in University reports.
F. On-Campus Alcohol Policy
The possession, use and sale of alcohol on campus must comply with the laws of the State of North Carolina and with campus regulations and procedures. The acquisition, possession, transportation and consumption of alcohol by anyone under 21 years of age is prohibited. Alcohol may be possessed or consumed on University property only by persons 21 years of age or older in their rooms or in appropriately licensed and/or approved campus facilities. Persons are xpected to assume responsibility for their own behavior while drinking and must understand that being under the influence of alcohol in no way lessens their accountability. Offenders will be dealt with through established University policies and procedures.
G. Illegal Drug Policy
The University prohibits the unlawful possession, use or distribution of controlled substances or illicit drugs by students, staff and faculty. The University adheres to the "University of North Carolina Policy o Illegal Drugs" adopted by the Board of Governors on January 15, 1988. A complete version of the University's policy on illegal drugs can be found in the Student Handbook, published and distributed annually. Drug and alcohol educational and counseling services are offered through the University Counseling Center, Student Health Services, Residence Life and the University Police.
H. Distribution
The University annually distributes a statement of Policy and Procedure on the Illegal or Abusive Use of Alcohol and Other Drugs that complies with regulations governing the Drug-Free Schools and Campuses Act and related regulations (34 CFR Part 86).
I. Campus Sexual Assault Policy
Sexual assaults, including date or acquaintance rape, are a serious concern to the University and will not be tolerated. Victims of sexual assaults should get medical treatment as soon as possible, notify the University Police (262-8000) or contact any of the "campus security authorities" listed in paragraph C-2 above for help. Campus security authorities will assist the victim in notifying the University Police if off-campus the University Police will help the victim file a report with the appropriate off-campus law enforcement agency. To aid the police investigation, victims of sexual assault should take these steps to help preserve evidence:
Do not shower or bathe before the medical exam.
Do not change your clothes, if you do, save all your clothing and give them to the police.
Do no disturb or alter the crime scene.
Document any injury you suffered, either by photograph or by showing it to someone you trust.
Counseling services for sexual assault victims are available both on and off campus. The Counseling and Psychological Services Center (located in the Annas Student Services Building) provides counseling to students and can provide referrals to off campus resources. Additionally, the offices of Student Development and Academic Affairs will make every reasonable effort to assist victims of sexual assault by providing options for changing living or academic conditions whenever possible.
The University's Student Judicial Affairs Office responds to all violations of the Student Code of Conduct, including all sex offenses, forcible or non-forcible. Both the accuser and the accused are entitled to the same opportunities to have others present during the proceedings and both parties of any sex offense hearing shall be informed of the outcome of any campus disciplinary proceedings brought alleging a sex offense.
The University's Code of Student Conduct outlines possible sanctions for sexual assault, rape or molestation. They include suspension (two semesters) or expulsion. Sanctions and judicial proceedings are outlined in the Code of Student Conduct.
J. Campus Police Logs
The University Police Department will maintain a daily written log of crimes reported to the University police. The log will be open for public inspection in the lobby of the Police Department within two business days of the initial report being received. The log will include the nature, date, time and general location of the crime and the disposition of the incident if known.
PROCEDURES:
A. Annually (during the month of June), the Director of University Police will request "campus security authorities" provide statistics from the previous year on crimes covered by PL 101-542 which have not already been reported to the police.
B. Annually (during the month of June), the Director of University Police will mail letters to local law enforcement agencies and to other law enforcement agencies where non-campus buildings or property are located, requesting all crime statistics as required in PL 101-542 from the previous calendar year.
C. Annually (on or before September 1 of each year), the Director of University Police will submit to the Vice Chancellor for Business Affairs, the annual security report required by PL 101-542, as amended for review and approval.
D. Annually (on or before October 1 of each year) the Vice Chancellor for Business Affairs, through appropriate publications(s), will make available to all current students and employees, information required by PL 101-542, as amended, and pertinent regulations.
References:
Public Law 101-542
Public Law 102-26
Public Law 103-208
34 CFR Part 668
20 U.S.C. 1092(f)
20 U.S.C. 1094
IMPORTANT TELEPHONE NUMBERS
On-Campus Assistance
University Police Department
University Counseling Center
(Evening Crisis Coverage)
Student Health Services
Residence Life |
262-2150
262-3180
262-2150
262-3100
262-2160 |
Off-Campus Assistance
Boone Police Department
Watauga County Sheriff's Dept.
New River Mental Health
OASIS Rape crisis line |
911 or 262-4500
911 or 264-3761
264-8759 or 264-4357
262-5035 |
|
