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What is the Jeanne Clery Act? What does the Clery Act Require? Fines and Violations Are you a Campus...

Date post: 17-Dec-2015
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• What is the Jeanne Clery Act?

• What does the Clery Act Require?

• Fines and Violations

• Are you a Campus Security Authority (CSA)?

• Roles and Responsibilities for CSA’s

• Things to report as a CSA?

• What is reportable under the Clery Act?

• Who are the CSA at NOVA?

• Who is exempt from Clery reporting?

• Raped & murdered April 5, 1986 in her residence hall– Fellow student she

didn’t know

• History of violent crime on campus

• Led to national awareness of campus crime

• Federal Clery Act

• Annual Security Report (ASR)– Statements of policy– Sexual assault victims’ rights– Campus crime statistics

• Ongoing disclosures– Timely warnings and emergency

notifications– Public crime log

• Emergency Response & Evacuation• Designate Campus Security Authorities (CSAs)

Fines per major violation: $ 35,000

• Miami Univ. of OH in 2005 $27,500• Pittsburgh Tech. Inst. in 2007 $55,000• La Salle Univ. in 2008 $87,500• Salem International U. in 2005 $200,000• Eastern Michigan U. in 2008 $350,000• Virginia Tech in 2007 $55,000 (later

dismissed)• NOVA audited in 2011 (results pending)

• The Clery Act defines four categories of Campus Security Authority:– College Police– Non-police security staff responsible for monitoring campus

property– People/offices designed by policy as those to whom crimes

should be reported– “Officials with significant responsibility for students and

campus activities” – THAT’S YOU! It is more how students and others perceive your role than your actual role.

• Bi-annual training is recommended by the U.S. DOE to ensure colleges and universities are making a good faith effort to comply.

• Deans of students overseeing student housing, student centers, student extracurricular activities, or student administrative processes

• College or university housing staff

• Athletics Director and Coaches

• Student activities coordinators

• Student judicial officers

• Faculty/staff advisors to student organizations

• Primary responsibility is...

“to report allegations made in good faith to the reporting structure established by the institution”

• Disclose this information to NOVA PD as soon as you learn, so that we can determine if a timely warning is necessary and investigate the crime.

• Encourage the person reporting a crime to you to contact NOVA PD and file a police report.– A person who talks to you may not want to

talk to police – and they do not have to.– YOU are our liaison and are required to report

the crime.

• Inform them they may file a police report

• Fill out NOVA’s Crime Statistics Report Form (105-174)– Just get the facts– You do not have to prove what happened or who was

at fault– You are not supposed to find the accused– DON’T identify the victim– Contact NOVA PD promptly so we may determine if a

timely warning must be issued

• Forward your completed 105-174 to NOVA PD

• Criminal homicide– Murder and nonnegligent manslaughter.– Negligent manslaughter.

• Sex offenses– Forcible sex offenses– Nonforcible sex offenses.

• Robbery.• Aggravated assault.• Burglary.• Motor vehicle theft.• Arson.

• Hate Crimes– Include any of the above mentioned crimes and

selected lesser crimes that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias.

• Race• Gender• Religion• Sexual Orientation• Ethnicity/National Origin• Disability

• Arrests and Referrals– CSAs are required to report the following

if they result in either an arrest or a disciplinary referral:

• Liquor Law Violations• Drug Law Violations (including prescription

drugs)• Illegal Weapons Possession

– If both an arrest and referral are made, only the arrest is counted.

• A crime must be reported if it occurred:

On campus On public property immediately adjacent to

campus On certain non-campus property (e.g., Arlington

Center, Woodson High School)

• Licensed mental health & pastoral counselors are exempt from reporting

• Any information shared in a “privileged” communication is exempt

• Teaching faculty (without additional advisement/counseling responsibilities)

• Timely Warnings of crimes and Emergency Notifications of impending problems (e.g., severe weather)

• Warnings of crimes must be issued as soon as pertinent information is confirmed.

– Reach entire affected community– Aid in the prevention of similar crimes

• Crime Log– Public list of all crimes reported to police– Releasable to College community

• Nature of the crime• Date/Time occurred• General location• Disposition • Recorded in order received• Identifying information withheld to protect victims and

witnesses.

Easily UnderstoodEasily Understood

Must be Made PublicMust be Made Public

I. Reporting crimes and other emergencies

II. Security of and access to campus facilities

III. Campus law enforcement policy

IV. Security awareness programs

V. Crime prevention programs

VI. Drug and alcohol policy

VII. Sex offense policy

VIII. Sex offender registration policy and web location

• October 1st Deadline

• Current students and employees automatically receive

• Located on College website

• Prospective students and employees get notice and option to request ASR

• Campuses With Housing– Missing Students and Campus Fire Safety

reports, policies and statistics.

• A student reports his backpack stolen after leaving it unattended in the restroom.

Answer: No (unless it was motivated by bias)

This is considered larceny and is not a Clery- reportable incident (however, as a theft, it should be reported to police.)

• A faculty member reports being raped while at home during winter break.

Answer: No

This is not a reportable crime because it does not meet the geographical requirements (However, it should be reported to local police.)

• A Jewish student reports his vehicle vandalized with a swastika etched into the door while parked at the Reston Center.

Answer: Yes

This is a bias motivated vandalism on off-campus property

• A student is sexually assaulted in her vehicle while at a NOVA center.

Answer: Yes

Sexual assaults, whether forcible or non-forcible, are categorized as Clery reportable.

• College Safety Reports (ASR)– http://www.nvcc.edu/current-students/police/

college-safety-report/index.html

• Alcohol and controlled substance policy– http://www.nvcc.edu/current-students/police/

index.html

• Campus Security Authority (CSA)– Form 105-174

– http://www.nvcc.edu/forms/faculty/byname.asp

• Campus Police Emergency Contact:


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