Transcript Clery Act 2008 Revisions

2008 Revisions of the
HEOA
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Published Annual Report
 Statement
of current policies concerning
campus law enforcement, including:


The law enforcement authority of campus
security personnel
The working relationship of campus security
personnel with State and local law
enforcement agencies
• (NEW!) A written memoranda of understanding for
the investigation of alleged criminal offenses

Policies which encourage accurate and
prompt reporting of all crimes to the campus
police and the appropriate law enforcement
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Additional Hate Crime Data must
be Collected and Reported
according to category of prejudice
to include:
 Larceny-theft
 Simple
assault
 Intimidation
 Destruction, damage, or vandalism of
property
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 Larceny:
The unlawful taking, carrying,
leading, or riding away of property from
the possession or constructive possession
of another.
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 Simple Assault:
An unlawful physical
attack by one person upon another where
neither the offender displays a weapon,
nor the victim suffers obvious severe or
aggravated bodily injury involving apparent
broken bones, loss of teeth, possible
internal injury, severe laceration or loss of
consciousness.
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 Intimidation:
To unlawfully place another
person in reasonable fear of bodily harm
through the use of threatening words
and/or other conduct, but without
displaying a weapon or subjecting the
victim to actual physical attack.
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 Vandalism:
To willfully or maliciously
destroy, injure, disfigure, or deface any
public or private property, real or personal,
without the consent of the owner or person
having custody or control by cutting,
tearing, breaking, marking, painting,
drawing, covering with filth, or any other
such means as may be specified by local
law.
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Discussions with FBI
 “Institution”
can be the victim of the crime–
i.e. graffiti in an elevator not directed
toward a particular person or group.
 Investigation—only
count it when there is
evidence that the perpetrator was
motivated to commit the crime based on
his/her bias…
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Response from FBI

Vandalism should be reported as an offense
whenever the police substantiate that vandalism
took place. In the case of a vandalism involving
hate graffiti, that fact alone does not make it a
hate crime. In Hate Crime Data Collection
Guidelines it states, "while no single fact may be
conclusive, facts such as the following,
particularly when combined, are supportive of a
finding of bias... 3. Bias related drawings,
markings, symbols, or graffiti were left at the
scene. For example, a swastika was painted on
the door of a synagogue."
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Response from FBI
 Please
note that this says supportive, not
conclusive. Also note that two facts are
present in the example - a swastika, and a
Jewish synagogue. Hence, a swastika
painted on the wall of an elevator in a
college dorm does not necessarily equate
to a hate crime. We would need more
facts, and they may never become known.
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Response from FBI

In our NIBRS system, we train that incidents that
involve ambiguous facts should be reported as
an unknown bias. This allows for an
investigation to be completed and be conclusive
either way. Should an agency code an incident
as an unknown bias and never update with the
final determination, our policy is to not count it as
hate crime for inclusion into our annual Hate
Crime publication. In other words, we do not
want to count a hate crime until an agency's
investigation positively concludes that one
occurred.
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Campus Emergency
Response &
Evacuation Procedures
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 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—
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Statement of Campus Emergency
Response & Evacuation
Procedures
Immediately notify the campus community upon
the confirmation of a significant emergency or
dangerous situation involving an immediate
threat to the health or safety of students or staff
occurring on the campus
(campus, as defined by the Clery Act).
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Emergency Notification

If there is an immediate threat to the health or
safety of students or employees occurring on
campus:
-follow emergency notification procedures
-must provide adequate follow-up
information to the community as needed.
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Immediate Notification vs. Timely Warning


Emergency Notification (active shooter,
tornado) is different than Timely Warning in the
Clery Act (crime).
If there is an immediate threat to the health or
safety of students or employees occurring on
campus:
 Campuses are not required to issue a timely
warning based on the same circumstances
VS.
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Include a list of the titles of the person(s) or
organization(s) responsible for carrying out the following
actions and provide a description of the process the
institution will use to:
 (i) Confirm that there is a significant emergency or
dangerous situation as described in paragraph (g)(1)
of this section;
 (ii) Determine the appropriate segment or segments of
the campus community to receive a notification;
 (iii) Determine the content of the notification; and
 (iv) Initiate the notification system.
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Immediate Notification
A statement that the institution will, without
delay, and taking into account the safety of
the community, determine the content of the
notification and initiate the notification
system, unless issuing a notification will, in
the professional judgment of responsible
authorities, compromise efforts to assist a victim or
to contain, respond to, or otherwise mitigate the
emergency.
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Disseminating Information
 Indicate
procedures for disseminating
emergency information to the larger
community.
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What is a Test?
 Test:
Regularly scheduled drills,
exercises, and appropriate follow-through
activities, designed for assessment and
evaluation of emergency plans and
capabilities
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Documenting Tests
 An
institution must document a description
of each exercise (test), including the date,
time, and whether it was announced or
unannounced.
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Policy Statements Regarding Tests
 Publicize


emergency response and evacuation
procedures in conjunction with at least one
test per calendar year.
procedures to test emergency response and
evacuation procedures on an annual basis
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Annual Fire Safety
Reporting on Student
Housing
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Annual Fire Safety Reporting on
Student Housing
 Each
eligible institution participating in any
program under this title that maintains any
on-campus student housing facility must,
on an annual basis, publish a fire safety
report, which shall contain information with
respect to the campus fire safety practices
and standards of that institution,
including—
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Annual Fire Safety Reporting on
Student Housing

On Campus Housing Facility– tentatively being
defined as it is in the Clery Act.
• Housing built by “Foundations”
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 (1) A description
of each on-campus
student housing facility fire safety
system.
 (2)
The number of fire drills held
during the previous calendar year.
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Foggy Bottom
Residential
Facilities
1959 E St.
2109 F St.
Aston
Building JJ
City Hall
Crawford
Dakota
FSK
Fulbright
Guthridge
HOVA
International House
Fire Alarm
Monitoring Done
On Site (by UPD)
X
X
X
X
X
X
X
X
X
X
X
X
1
Partial
Sprinkler
System
Full Sprinkler
System
Smoke
Detection
Fire
Extinguisher
Devices
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
2
X
X
X
X
X
X
X
X
X
X
X
Evacuation
Plans/
Placards
Number of
evacuation (fire)
drills each calendar
year
X
X
X
X
X
X
X
X
X
X
X
X
2
2
2
2
4
4
2
2
2
2
2
2
1. Partial Sprinkler System is defined as having sprinklers in the common areas only.
2. Full Sprinkler System is defined as having sprinklers in both the common areas
and individual rooms.
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 (3)
The institution’s policies or rules
on portable electrical appliances,
smoking, and open flames in a
student housing facility.
 (4)
The institution’s procedures for
student housing evacuation in
case of a fire.
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 (5)
The policies regarding fire safety
education and training programs
provided to the students, and
employees. In these policies, the
institution must describe the
procedures that students and
employees should follow in the case
of a fire.
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(6) For purposes of including a fire in
the statistics in the annual fire
safety report, a list of the titles of
each person or organization to
which students and employees
should report that a fire occurred.
(7) Plans for future improvements in
fire safety, if determined necessary
by the institution.
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Annual Fire Safety Reporting on
Student Housing
 Publish
an Annual Fire Safety Report to
include:
Statistics for each on campus housing facility for
(3 most recent calendar years)

• Number of fires and the causes of each fire
• Number of persons who received injuries that resulted
in treatment at a medical facility (including at an on
campus health center)
• Number of deaths related to a fire
• Value of property damage caused by a fire
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Number of
Total
Foggy Bottom Fires in
Residential
Facilities
1959 E St.
2109 F St.
Aston
Building JJ
City Hall
Crawford
Dakota
FSK
Each
Fire
Building Number
2
0
0
0
0
1
0
0
1
1
0
0
0
0
1
0
0
Value of
Injuries that
Number of
Property
Required
Deaths
Damage
Treatment at a Related to a Caused by
Date
Time
Cause of Fire
Medical Facility
Fire
Fire
Case Number
2/5/2009
4/27/2009
N/A
N/A
N/A
N/A
5/1/2009
N/A
N/A
2040
1714
N/A
N/A
N/A
N/A
1515
N/A
N/A
Stove fire
1
0
N/A
N/A
N/A
N/A
0
N/A
N/A
0
0
N/A
N/A
N/A
N/A
0
N/A
N/A
187.25
665.23
N/A
N/A
N/A
N/A
500.00
N/A
N/A
901041
903988
N/A
N/A
N/A
N/A
905642
N/A
N/A
Stove fire
N/A
N/A
N/A
N/A
Fire in oven
N/A
N/A
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Definitions
 Fire: Any
instance of open flame or other
burning in a place not intended to contain
the burning or in an uncontrolled manner.
 Fire
drill: A supervised practice of a
mandatory evacuation of a building for a
fire.
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Definitions
 Cause
of Fire: The factor or factors that
give rise to a fire. The causal factor may
be, but is not limited to, the result of an
intentional or unintentional action,
mechanical failure or act of nature.
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Definitions
 Fire-related
injury: Any instance in which a
person is injured as a result of a fire,
including an injury sustained from a
natural or accidental cause while involved
in fire control, attempting rescue, or
escaping from the dangers of the fire. The
term person may include students,
employees, visitors, firefighters, or any
other individuals.
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Definitions
 Fire-related
death: Any instance in which a
person is killed as a result of a fire,
including death resulting from a natural or
accidental cause while involved in fire
control, attempting rescue, or escaping
from the dangers of a fire. Dies within 1
year of injuries sustained as a result of the
fire.
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Definitions

Fire safety system: Any mechanism or system
related to the detection of a fire, the warning
resulting from a fire, or the control of a fire. This
may include sprinkler systems or other fire
extinguishing system, fire detection devices,
stand-alone smoke alarms, devices that alert
one to the presence of a fire, such as horns,
bells, or strobe lights; smoke-control and
reduction mechanisms; and fire doors and walls
that reduce the spread of a fire.
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Definitions
 Value
of Property Damage: The estimated
value of the loss of the structure and
contents, in terms of the cost of
replacement in like kind and quantity. This
estimate should include contents damaged
by fire, and related damages caused by
smoke, water, and overhaul; however, it
does not include indirect loss, such as
business interruption.
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Fire Safety Report Log
(1) An institution that maintains on-campus
student housing facilities must maintain a
written, easily understood fire log that
records, by the date that the fire was
reported, any fire that occurred in an oncampus student housing facility. This log
must include the nature, date, time and
general location of each fire.
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Fire Safety Report Log
(2) An institution must make an entry or an
addition to an entry to the log within two
business days of the receipt of the
information.
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Fire Safety Report Log
 (3) An
institution must make the fire log for
the most recent 60-day period open to
public inspection during normal business
hours. The institution must make any
portion of the log older than 60 days
available within two business days of a
request for public inspection.
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Annual Report
 An
institution must make an annual report
to the campus community on the fires
recorded in the fire log. This requirement
may be satisfied by the annual fire safety
report that is published in the Annual
Security/Fire Safety Report.
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MISSING STUDENTS
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Missing Student Protocols
An institution that provides any on-campus
student housing facility must include a
statement of policy regarding missing
student notification procedures for
students who reside in on-campus housing
facilities in its annual security report. This
statement must --
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Missing Student Notification
Procedures, to include:
 Indicate
a list of titles of the persons or
organizations to which students,
employees, or other individuals should
report that a student has been missing for
24 hours;
 Think
about developing and publishing an
institutional policy to support your policy
statement.
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Missing Student Notification
Procedures, to include:
 Require
that any official missing student
report must be referred immediately to the
institution’s police or campus security
department, or, in the absence of an
institutional police or campus security
department, to the local law enforcement
agency that has jurisdiction in the area;
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Missing Student Notification
Procedures, to include:

Contain an option for each student living in an
on-campus student housing facility to identify a
contact person or persons whom the institution
shall notify within 24 hours of the determination
that the student is missing, if the student is
determined missing by the institutional police or
campus security department, or the local law
enforcement agency.
 You need to develop a system to gather this
information…
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Missing Student Notification
Procedures, to include:
 Advise
students that their contact
information will be registered
confidentially, and that this information will
be accessible only to authorized campus
officials, and that it may not be disclosed,
except to law enforcement personnel in
furtherance of a missing person
investigation.
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Missing Student Notification
Procedures, to include:
 Advise
students that if they are under 18
years of age and are not emancipated, the
institution must notify a custodial parent or
guardian within 24 hours of the
determination that the student is missing,
in addition to notifying any additional
contact person designated by the student;
and
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Missing Student Notification
Procedures, to include:
 Advise
students that, the institution will
notify the local law enforcement agency
within 24 hours of determination that the
student is missing, unless the local law
enforcement agency was the entity that
made the determination that a student is
missing.
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Missing Student Notification
Procedures, to include:

The procedures that the institution must follow
when a student who resides in an on-campus
student housing facility is determined to have
been missing for 24 hours include — (i) If the student has designated a contact
person, notifying that contact person within 24
hours;
 (ii) If the student is under 18 years of age and is
not emancipated, notifying the student’s
custodial parent or guardian and any other
designated contact person within 24 hours; and
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Missing Student Notification
Procedures, to include:
 (iii)
Regardless of whether the student has
identified a contact person, is above the
age of 18, or is an emancipated minor,
informing the local law enforcement
agency that has jurisdiction in the area
that the student is missing within 24 hours.
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Compliance Statement:
Missing Students Who Reside in On-Campus Housing



If a member of the University community has reason to believe that
a student who resides in on-campus housing is missing, he or she
should immediately notify GWPD at (202) 994-6111. GWPD will
generate a missing person report and initiate an investigation.
After investigating the missing person report, should GWPD
determine that the student is missing and has been missing for more
than 24 hours, GW will notify the Metropolitan Police Department
(MPD) and the student’s emergency contact no later than 24 hours
after the student is determined to be missing. If the missing student
is under the age of 18 and is not an emancipated individual, GW will
notify the student’s parent or legal guardian immediately after
GWPD has determined that the student has been missing for more
than 24 hours.
In addition to registering an emergency contact, students residing in
on-campus housing have the option to identify confidentially an
individual to be contacted by GW in the event the student is
determined to be missing for more than 24 hours. If a student has
identified such an individual, GW will notify that individual no later
than 24 hours after the student is determined to be missing.
Students who wish to identify a confidential contact can do so
through the GW Housing
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DISTRIBUTION OF
REPORTS
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Distribution of Reports
October 1st– distribute annual
security report and, if the
institution maintains on-campus
housing—distribute the annual
fire safety report to current
students and employees
 By
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Publication of Reports

An institution may publish the annual fire safety
report concurrently with the annual security
report only if the title of the report clearly states
that it contains the annual security report and the
fire safety report.
 If the institution chooses to publish the annual
fire safety report separately from the annual
security report, both reports must contain
information about how to access the other
report.
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Distribution of Reports to Current
Students and Employees
 If
the institution distributes either report to
current students and employees using an
intranet or internet website, the institution
must distribute a notice that includes:



A statement of the report’s availability
Exact electronic address
Brief description of contents of report(s)
• (best practice: don’t forget to update your
description to include fire safety)

Statement that institution will provide a hard
copy upon request.
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Distribution of Reports to Prospective
Students and Employees
 The
institution must provide a notice that
includes:


A statement of the report’s availability
Brief description of contents of report(s)
• (best practice: don’t forget to update your
description to include fire safety)


Statement that institution will provide a hard
copy upon request.
If complying via website—must provide exact
electronic address
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Timeline for Compliance?
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D. Stafford & Associates
Dolores A. Stafford
President & CEO
P.O. Box 1121
Rehoboth Beach, DE 19971
(202) 438-5929
[email protected]
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