Transcript Document
An overview of what it means to be a Campus Security Authority • The Clery Act’s goal is to provide adequate crime information to allow people to keep themselves safe; it has an important and meaningful purpose. • Compliance with the Clery Act is a collaborative effort, requiring everyone to work together. • Crime information is requested from CSAs and law enforcement agencies that have jurisdiction over non-campus UNL property. • Certain crimes occurring within the campus geography must be reported by CSAs to University Police for safety and statistical analysis; not necessarily for investigation. The statistics are included in UNL’s Annual Campus Security and Fire Safety Report and uploaded to the Department of Education’s website. • No names or criminal investigation information is included in the statistics or any Clery-related reports. • The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), requires schools to disclose information about crime on their campuses. The "Clery Act" is named for 19 year old Lehigh University freshman Jeanne Ann Clery (pictured right) who was raped and murdered while asleep in her dorm on April 5, 1986. • The law applies to most higher educational institutions that receive federal aid and is enforced by the United States Department of Education. • Among other things, the Clery Act requires universities to provide policy statements and crime statistics to current and prospective students and employees and issue timely warnings for crimes that present a continuing safety threat. • The Clery Act identifies certain persons as “Campus Security Authorities” (CSAs). These mandated individuals have responsibilities to report crimes that they witness or that are reported to them. By virtue of their position and function in regards to official job duties, ad hoc responsibilities, or volunteer engagements, CSAs have an obligation under the Clery Act to notify the University (via University Police) of certain crimes. • Non‐law enforcement personnel are included as CSAs, as some campus community members may be hesitant to report crimes to the police, but may feel comfortable enough to report incidents to other campus‐affiliated individuals. • CSAs are defined by their function, and not simply by their title. Due to your role, you have been identified as a CSA at UNL. • The Clery Act defines four categories of CSAs: 1. University Police; 2. Persons or offices responsible for campus security; 3. People/offices to which crimes may be reported (think Title IX, Dean of Students, Human Resources, etc.); 4. Officials with significant responsibility for student and campus activities. Common examples of CSAs include, but are not limited to: Head coaches Advisors (both academic & student organization) Residence Directors/Assistants Greek Affairs Coordinators Guest Relations/Security Attendants Title IX Coordinators Student Activity Coordinators Deans/Directors of Student-related Programs • The vast majority of UNL CSAs are staff and faculty having “significant responsibility for student and campus activities,” meaning they have direct relationships with students. As noted, CSAs are not just campus police or security personnel. The Clery Act defines CSAs as those who have the authority and the duty to take action or respond to particular issues on behalf of the institution and who have significant responsibility for student and campus activities. • Advisors have significant responsibility over student activities, whether it’s undergraduate or graduate students, and have the authority and duty to respond to reported crimes and so are considered CSAs. A person performing the following functions would be a CSA: Anyone acting as an advisor to a Recognized Student Organization (RSO). Non-faculty employees whose position is serving as an advisor to students. A faculty member or graduate assistant that has responsibility for student and campus activity beyond the classroom (anything not related to the course and/or an understanding of course material). • The following are not CSAs (not all inclusive): Assistants or administrative staff who do not advise, hire or manage students (i.e. clerical, dining hall, maintenance staff) Faculty having no responsibilities for students and campus activities outside of the classroom. Licensed medical staff at the University Health Center. Pastoral/professional licensed counselors when acting as such. While not CSAs, these individuals are encouraged to explain the reporting process, if, in their judgment, it is appropriate (counselor must use his/her judgment) and then report if approval is granted. • Encourage those who are not listed as a CSA, but whose role appears to meet the definition, to notify the UNL Police Accreditation/Compliance Manager so they my be included. A list of current CSAs available at: http://police.unl.edu/campus-security-authority-contact-information. • All employees are strongly encouraged to report crimes to University Police. Being a CSA is simply acting in your everyday role(s) and being there if needed to act as a resource, then forwarding reports as necessary. • Obtain as much information as the person is willing to tell, then ensure that it is reported to the UNLPD by either: 1. Relaying the report to a UNLPD officer; or 2. Completing the electronic Clery Act Crime Reporting Form if victim confidentiality is requested and/or police contact is specifically not wanted. • If aware of a crime, don’t assume someone else knows and has reported; report it yourself. • You don’t have to prove what happened, who was at fault, determine or find the perpetrator, or even correctly classify the crime; just get the facts and forward the report. • When in doubt, report it! The Clery Act specifically identifies those crimes occurring within the campus geography which must be reported. The general crimes are: Criminal homicide Motor vehicle theft Sex offenses Arson Aggravated assault Domestic Violence Robbery Dating Violence Burglary Stalking Any time a crime appears to be motivated by hate or bias, it must specifically be identified as a “Hate Crime.” • Hate crimes can include any of Clery reportable crimes or one of the following: Larceny-Theft Intimidation Simple Assault Destruction/Vandalism • The type of bias must also be identified. The categories of bias include the victim's actual (or that perceived by the perpetrator): Race Sexual Orientation Religion Ethnicity Gender National Origin Gender Identity Disability When a victim reports a crime, let him/her know you are there to help and will aid them in seeking services and/or reporting if they so desire. • Let the victim know of the available resources, which include: UNLPD Victim Assistance programs (Voices of Hope, Friendship Home, etc.) Title IX Coordinator, within the Office of Institutional Equity & Compliance Office of Judicial Affairs/Dean of Students Human Resources Lincoln area hospitals (Bryan campuses, CHI, LinCare, etc.) Counseling services (CAPs, EAP, etc.) • Let the victim know he/she has the option to report directly to the police, or that a report can be made confidentially with no police involvement. • Let the victim know that you are required to forward the report for statistical purposes, but names will be withheld upon request. • Joseph Storch, Associate Counsel with the Office of General Counsel for the State University of New York, has developed a succinct summary statement (useful, but not endorsed by the Department of Education): • When in doubt, report it! • Clery Act: Reporting is required only if the Clery-defined crime occurred within campus geography; names can be withheld. Reports are made to University Police directly or through electronic Clery Act Crime Reporting Form. CSA reports are for statistical & safety review purposes only. • Title IX: Reports go to the Title IX Coordinator, who investigates any incident of sexual harassment or misconduct, and includes all cases of sexual assault, stalking, domestic violence or dating violence. Incidents which occur on campus, or between members of the campus community, whether on-or-off campus, are investigated, regardless of whether the victim desires the investigation. Incidents investigated by the Coordinator are completely separate from any investigation conducted by the UNLPD. Reports must include the names of those involved. Compliance with the Clery Act is NOT voluntary – failure is not an option! The Department of Education can levy a fine of $35,000 per violation; Worst Case, bar a school from receiving federal financial aid • Monetary penalties imposed on other institutions include: Yale: $165,000 fine – failed to report 4 sex offenses, all on-campus property and 7 required policies (4/13) Tarleton State University: $123,500 settlement – failed to report crimes (07/12) Eastern Michigan University: $350,000 fine – failed to provide timely warnings, lacked timely warning policy, missed policy statements, failed to get crime stats or update crime log (12/07) University of Nebraska-Kearney: $65,000 fine – failed to report a burglary and improperly disclosed crime statistics (07/14) • If there are ever any questions, please contact the University’s Accreditation/Compliance Manager (Michael Maas) at the UNL Police Department, [email protected] or 402-472-8430. Questions are both expected and encouraged. • More specific information regarding CSAs, crime categories and reportable locations can be found at: http://police.unl.edu/information-campus-securityauthorities • Be sure to watch the required “CSA Training Video” at: http://police.unl.edu/csa-training-contact-list Click to edit or add your credits ©2007 The Board of Regents of the University of Nebraska. All rights reserved.