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Clery Act

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2452 - DISCLOSURE OF SECURITY POLICY AND CRIME STATISTICS (CLERY ACT)

 

As a postsecondary school participating in Title IV financial aid programs, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act), requires the Board of Education to publish an annual security report containing policies and statistical information of crimes that occurred on campus and on public property within and immediately adjacent to school-owned buildings and property.

 

In compliance with this, the Board shall publish to all post-secondary adult education students and employees, and to any applicant for enrollment or employment, upon request, an annual security report containing at least the following information with respect to the District’s security policies and campus crime statistics:

 

  1. A statement of current campus policies regarding procedures and facilities for students and others to report criminal actions or other emergencies occurring on campus and policies concerning the institution’s response to such reports.

     

  2. A statement of current policies concerning security and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.

     

  3. To the extent applicable, a statement of current policies concerning campus law enforcement, including:

     

    1. the law enforcement authority of campus security personnel;

       

    2. the working relationship of campus security personnel with State and local law enforcement agencies, including whether the institution has agreements with such agencies, such as written memoranda of understanding, for the investigation of alleged criminal offenses; and
       

    3. policies which encourage accurate and prompt reporting of all crimes to the campus police and the appropriate law enforcement agencies.

       

  4. A description of the type and frequency of programs 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.

     

  5. A description of programs designed to inform students and employees about the prevention of crimes.

     

  6. Statistics concerning the occurrence on campus, in or on non-campus buildings or property, and on public property during the most recent calendar year, and during the two preceding calendar years for which data are available:
     

    1. For the following criminal offenses reported to campus security authorities or local police agencies:

       

      1. murder

         

      2. sex offenses, forcible or non-forcible

         

      3. robbery

         

      4. aggravated assault

         

      5. burglary

         

      6. motor vehicle theft

         

      7. manslaughter

         

      8. arson

         

      9. arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession
         

    2. Of the crimes described in sub-clauses 1. through 9. above, for larceny-theft, simple assault, intimidation, and destruction, damage, or vandalism of property, and of other crimes involving bodily injury to any person, in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim that are reported to campus security authorities or local police agencies, the data shall be collected and reported according to category of prejudice.

       

    3. The data concerning the above listed criminal offenses shall be reported annually to the Secretary of the U.S. Department of Education. The same shall be reported to the school community on a timely basis that will aid in the prevention of similar occurrences. Such data shall not identify victims of crimes or persons accused of crimes. The data shall be compiled in accordance with the definitions used in the uniform crime reporting system of the Department of Justice, Federal Bureau of Investigation, and the modifications in such definitions as implemented pursuant to the Hate Crime Statistics Act.

       

  7. A statement of policy concerning the monitoring and recording through local police agencies of criminal activity at off-campus student organizations which are recognized by the institution and that are engaged in by students attending the institution, including those student organizations with off-campus housing facilities, if applicable.
     

  8. A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of State underage drinking laws and a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws and a description of any drug or alcohol abuse education programs.
     
  9. A statement advising the campus community where law enforcement agency information concerning registered sex offenders may be obtained.
     
  10. A statement of current campus policies regarding immediate emergency response and evacuation procedures, including the use of electronic and cellular communication (if appropriate), which policies shall include procedures to:
     
    1. immediately notify the campus community after the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on campus, unless issuing a notification will compromise efforts to contain the emergency;
       
    2. publicize emergency response and evacuation procedures on an annual basis in a manner designed to reach students and staff; and
       
    3. Test emergency response and evacuation procedures on an annual basis.
       
  11. A copy of this policy shall be provided with any report pursuant to this policy.

 

DEFINITIONS

 

For purposes of this policy:

 

  1. The term "campus" means:
     
    1. any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
       
    2. property within the same reasonably contiguous geographic area of the institution that is owned by the institution but controlled by another person, is used by students, and supports institutional purposes (such as a food or other retail vendor).
       
  2. The term "non-campus building or property" means:
     
    1. any building or property owned or controlled by a student organization recognized by the institution; and
       
    2. any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
       
    3. any building or property (other than a branch campus) owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is used by students, and is not within the same reasonably contiguous geographic area of the institution.
       
    4. The term "public property" means all public property that is within the same reasonably contiguous geographic area of the institution, such as a sidewalk, a street, other thoroughfare, or parking facility, and is adjacent to a facility owned or controlled by the institution if the facility is used by the institution in direct support of, or in a manner related to the institution’s educational purposes.

 

PROGRAMS

 

In accordance with 20 U.S.C. 1092(f)(8), the Board will provide programs regarding the prevention of domestic violence, dating violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions. These educational programs may include, but are not limited to, informing students at least annually of this information and of services offered by the Board and local law enforcement agencies as well as ways to maintain personal safety and security on District property. As needed, students are told about crime on campus and in surrounding neighborhoods. Similar information is also provided to employees. Crime prevention and sexual misconduct prevention programs are available on an ongoing basis and focus on personal safety.

 

The primary prevention and awareness programs for all incoming students and new employees are provided during orientation. The programs will include community-wide or audience specific programming, initiatives, and strategies that increase student and employee knowledge and will share information and resources to prevent violence, promote safety, and reduce perpetration. The primary prevention and awareness programs will also include:

 

  1. a statement that the District prohibits the crimes of dating violence, domestic violence, sexual assault, and stalking;
     
  2. training on recognizing "dating violence", "domestic violence", "sexual assault", and "stalking";
     
  3. a description of safe and positive options for bystander intervention. These are safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene;
     
  4. information on risk reduction which are options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence;
     
  5. a description of District’s ongoing prevention and awareness campaigns for students and employees. These are programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking using a range of strategies with audiences throughout District post-secondary adult education programs.

 

A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of their responsibility for their own security and the security of others. This information may be provided in a variety of ways such as videos, speakers, announcements, electronic and cellular communications, security and safety alerts, or written materials such as crime prevention awareness packets.

 

INCIDENT REPORTS AND INVESTIGATIONS

 

Once an incident of dating violence, domestic violence, sexual assault, or stalking has been reported, the District will use follow the procedures set forth in Policy 5517.

 

If a violation is substantiated, appropriate measures will be taken, including appropriate discipline of the perpetrator(s) and accommodations or protective measures for the victim(s).

 

Students who have been the victim of a sexual offense covered by this policy should report to local law enforcement immediately. Prompt reporting is important to preserve evidence as well as witness recollection. Once reported to law enforcement, the student should report the incident to the Adult Training Director. Staff members not designated to receive reports who otherwise receive a report from a student should immediately report such incident to the individuals identified above, or to their direct supervisor if a compliance officer is not available.

 

The District’s normal disciplinary procedures will be followed for imposing discipline where warranted. In all disciplinary hearings, the accused and the accuser shall both have the right to representation or to have others present at such hearing for support. Both the accused and the accuser will be informed of the outcome of any investigation and disciplinary procedure, to the extent permitted by laws concerning the confidentiality of student records.

 

The District will provide written notification to students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, visa and immigration assistance, student financial aid, and other services available for victims, both within the District and the community.

 

The District will provide notification to students about options for, and available assistance in, changing academic and living situations after an alleged sexual assault incident, if so requested by the victim and if such changes are reasonably available.

 

© Neola 2016

Legal
The Violence Against Women Reauthorization Act of 2013 Amendments to the
Jeanne Clery Act, 20 U.S.C. 1092(f).


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