Procedure: Procedures for Implementation of the Jeanne Clery Disclosure Act
Technical College law enforcement units shall keep a daily log that records crimes by their nature, date, time, general location, and disposition of the complaint. The log shall be made available to the public within two business days of a request unless disclosure of such information would:
- be prohibited by law;
- jeopardize the confidentiality of the victim;
- jeopardize an ongoing criminal investigation;
- jeopardize the safety of an individual;
- cause a suspect to flee or evade detection;
- result in the destruction of evidence.
Crimes and Campus Offenses To Be ReportedStatistics on the following crimes and offenses shall be reported.
- Criminal Homicide: Murder, non-negligent, and negligent manslaughter.
- Sex Offenses, Forcible or Non-forcible: A forcible sex offense
is any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly
or against that person's will where the victim is incapable of giving consent, i.e., intoxicated. Non-forcible
sex offenses are acts of "unlawful, non-forcible sexual intercourse," e.g., incest or statutory rape.
- Robbery: The taking, or attempting to take anything of value
from the control, custody, or care of a person or persons by force or threat of force or violence and/or by putting
the victim in fear.
- Aggravated Assault: An unlawful attack by one person upon another
for the purpose of inflicting severe or aggravated bodily injury. This offense is usually accompanied by the use
of a weapon or by means likely to produce death or great bodily harm.
- Burglary: The unlawful entry (breaking and entering) into a building
or other structure with the intent to commit a felony or theft.
- Arson: Willful or malicious burning or an attempt to burn a dwelling
house, public building, motor vehicle or aircraft, or personal property.
- Motor Vehicle Theft: The theft or attempted theft of a motor
vehicle.
- On-campus Arrests for Alcohol, Drug and Illegal Weapon Violations.
- Certain Referrals for Campus Disciplinary Actions for alcohol,
drug or illegal weapon violations. (If included in the report as an arrest, a referral need not be reported under
this category.)
- Hate Crimes falling into the above list, involving bodily injury, or reported to the campus security office or local police. (Hate crimes are to be reported by category of prejudice: race, gender, religion, sexual orientation, ethnicity or disability.)
The Technical Colleges shall also provide a geographic breakdown of the crime statistics by four categories:
- on campus;
- on campus and in a dormitory or other residential facility for
students on campus;
- in or on a non-campus building or property;
- on non-campus public property including thoroughfares, streets, sidewalks, or parking facilities that are within the campus, or immediately adjacent to and accessible from the campus.
A map may be used in complying with the statistical reporting requirements.
The Following Persons shall be Responsible for Reporting Crimes and Campus Offenses
Persons who receive referrals for discipline involving alcohol, drug or weapon violations which are also a violation of the law, and for which a sanction may be imposed, must report those cases to the campus security office.Anyone who is a "campus security authority" and who receives a report of or is aware of a crime must report it to the campus security office.
Campus security authorities are defined in the final regulations as:
- Members of a campus police department or a campus security department
of an institution.
- An individual who has responsibility for campus security, but
is not a part of a campus police department or a campus security department, such as an individual who is responsible
for monitoring entrance into institutional property.
- Any individual or organization specified in an institution's
statement of campus security policy as someone to whom students and employees should report criminal offenses.
- Any official of the institution who has significant responsibility for student and campus activities, such as student housing, student discipline, and campus judicial proceedings, but who is not acting as a pastoral or professional counselor.3 Examples of those with significant responsibility may include the dean of students or other official(s) who oversee student housing, a student center, or student extra-curricular activities; an athletic director; team coach; or faculty advisor to a student group.
Crime Statistics that Do Not Require Reporting
A Technical College does not need to report crimes reported to a pastoral or professional counselor. A pastoral counselor is a person who is associated with a religious order or denomination that recognizes him or her as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. A professional counselor is a person whose official responsibilities include providing mental health counseling to members of the institution's community and is functioning within the scope of his or her license or certification.
However, this exemption from the reporting requirements under the Campus Security Act does not relieve counselors of the duty to exercise reasonable care to protect a foreseeable victim from danger posed by the person being counseled. If someone indicates to their counselor an intent to commit a violent crime against another, and the counselor determines that the patient poses a serious danger of violence, then steps must be taken by the counselor to protect the intended victim.
References