51吃瓜网视频

Policy 1.5.6

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SUBJECT: CLERY ACT COMPLIANCE

1. Purpose

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime StatisticsAct of 1990 ("Clery Act") is a federal law requiring institutions of higher education thatreceive federal funding to collect and publish statistics about reports of certain crimesthat occur on campus, on public property within or immediately adjacent to andaccessible from the campus, or in certain off-campus buildings or property owned orcontrolled by the University or a recognized student organization (i.e., the University's"Clery Geography"). The law also requires the publication of policies related to campussafety and security. The purpose of this policy is to establish the parameters for 51吃瓜网视频Baptist University's (WBU) compliance with the requirements of the Clery Act. Anychanges in the Clery Act requirements will supersede the relevant provisions of thispolicy.
The Clery Act requires the University to separately collect and publish statistics for themain campus in Plainview as well as all external locations meeting the definition of acampus by the Clery Act. All locations falling under the definition of a "campus" by theClery Act collectively comprise the "University" for the purposes of this policy. Section6 will specifically address the campuses included in the reporting.

2. Requirements of the Clery Act
In order to comply with the requirements of the Clery Act, WBU must:

• Compile statistics of reported Clery Act crimes (see Section 3) that occur on or within theClery Geography of each WBU campus.
• Collect reports of Clery Act crimes made to the WBU Police Department, other local lawenforcement agencies, and, as defined in Section 4, Campus Security Authorities (CSAs).
• Publish and distribute to all current students and employees by October 1st of each yearan Annual Security and Fire Safety Report (ASFSR). The ASFSR includes crime datafor reports of Clery Act crimes for each campus of the institution; fire incident data forWBU residential facilities on the Plainview campus; security policies; information aboutprocedures in place to protect the WBU community and information on the handling ofthreats, emergencies, and dangerous situations on campuses; information abouteducational programs and campaigns the University must provide to promote theawareness of dating violence, domestic violence, sexual assault and stalking; andinformation concerning the procedures for institutional disciplinary action in cases ofdating violence, domestic violence, sexual assault and stalking.
• On an annual basis, report Clery Act crime statistics and fire statistics to the U.S.Department of Education.
• Identify CSAs on a regular and ongoing basis and notify these individuals of theirobligations under the Clery Act to report any and all Clery Act crimes that they witness,or are reported to them.
• Provide mandatory training for all CSAs during the first year they serve as CSAs.
• Maintain a Daily Crime Log that includes all criminal incidents and alleged criminalincidents that are reported to the WBU Police Department. This log will be available forpublic inspection, upon request.
• Maintain a Fire Log that records all reported fires occurring in WBU student housingfacilities on the Plainview campus. This log will be available for public inspection, uponrequest.
• Issue timely warnings to alert the applicable campus community of Clery Act crimes thatoccur on or within WBU's Clery Geography that represent a serious or continuing threatto the applicable campus community. Timely warnings will be disseminated throughoutthe community as soon as pertinent information is available and will provide informationthat will allow members of the campus community to protect themselves and preventsimilar crimes from occurring.
• Issue emergency notifications upon confirmation of a significant emergency or dangeroussituation involving an immediate threat to the health or safety of students or employeesoccurring on the applicable WBU campus.
• Develop and implement missing student notification procedures in the event a studentresiding in On-Campus Student Housing Facilities on the Plainview Campus isdetermined to be missing. These procedures include providing residential students withan annual opportunity to identify one or more confidential persons to be contacted byWBU within 24 hours of a determination that the student has been missing for 24 hours.WBU is also required to notify the local law enforcement agency with jurisdiction in thearea within 24 hours of a determination that a residential student is missing. WBU willalso notify the custodial parent or guardian of any missing student who is under 18 andnot emancipated when it has been determined that such a student has been missing for 24hours.

3.Clery Act Crimes and Definitions
Part A - Primary Crimes

1. Murder and Non Negligent Manslaughter

The willful (non-negligent) killing of one human being by another.

2. Manslaughter by Negligence

The killing of another person through gross negligence.

3 .Aggravated Assault

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

4. Arson

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

5. Burglary

The unlawful entry of a structure to commit a felony or a theft.
6. Robbery

The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

7. Motor Vehicle Theft

The theft or attempted theft of a motor vehicle.

Sexual Assault

The Clery Act has four defined sexual assault offenses for which crime statistics must be disclosed. They are: rape, fondling, incest and statutory rape.

8. Rape

The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

9. Fondling

The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age and/or because of his/her temporary or permanent mental incapacity.

10. Incest

Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

11. Statutory Rape

Sexual intercourse with a person who is under the statutory age of consent.

Part B - Alcohol, drug and weapon violations

The Clery Act requires institutions collect statistics for violations of state law and or ordinances for drug, alcohol and weapon law violations.

12. Liquor Law Violations

The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.

13. Weapons Possession

The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

14. Drug Abuse Violations

The violation of laws prohibiting the production, distribution, and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.

Part C - Hate Crimes

The Clery Act requires institutions collect crime statistics for hates crime associated with either the commission of a primary crime or the lesser offenses of larceny-theft, simple assault, intimidation, destruction of or vandalism of a buildings or property

15.Hate Crimes

A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim.

Under the Clery Act, Hate Crimes include any of the following offenses motivated by bias: Murder and Non-Negligent Manslaughter, Sexual Assault, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Larceny-Theft, Simple Assault, Intimidation, Destruction/Damage/Vandalism of Property. Larceny-Theft, Simple Assault, Intimidation, and Destruction/Damage/Vandalism of Property.

Larceny-theft

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.

Simple Assault

An unlawful physical attack by one person on 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.

Intimidation

To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or conduct, but without displaying a weapon or subjecting the victim to actual attack.

Destruction, damage or vandalism of property

To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Part D: Violence Against Women Act Crimes

16.Domestic Violence

A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

17.Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party's statement with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

18.Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (1) fear for the person's safety or the safety of others; or (2) suffer substantial emotional distress.

Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person's property.

Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.

Part E: Unfounded Crimes

An unfounded crime is a crime report made to a Campus Security Authority (including WBUPD) or a State or local law enforcement agency that has been determined by sworn or commissioned law enforcement personnel to be false or baseless using Clery Act standards (as outlined in the most recent edition of the Handbook for Campus Safety and Security Reporting). Crime reports can be properly determined to be false only if the evidence from a complete and thorough investigation establishes that the crime reported was not, in fact, completed or attempted in any manner. Crime reports can be determined to be baseless only if the allegations reported did not meet the elements of the offense or were improperly classified as crimes in the first place.

4. Campus Security Authorities

Campus Security Authorities (CSAs) are defined under the Clery Act as individuals at WBU who, because of their function for the University, have an obligation to notify the WBU Police Department of alleged Clery Act crimes that are reported to them in good faith, or alleged Clery Act crimes that they may personally witness. CSAs are defined by their University function, not by job title. The Clery Act defines four categories of CSAs:

1. Campus police or security department. All members of the WBU PoliceDepartment are CSAs. Security officers at external campuses are also CSAs.
2. Any individual who is responsible for campus security in some capacity, but whois not a member of a WBU Police Department. This includes persons monitoringaccess to WBU facilities and events.
3. Any individual or office at WBU identified in a University policy as an individualor office to which crimes should be reported.
4. University officials and others who have significant responsibility for student andcampus activities. CSAs would include, but are not limited, to the following:
   1. Executive Director of Student Services
   2. Athletic Directors
   3. Athletic Coaches
   4. Coordinator of Residence Housing
   5. Residence Hall and Apartment Supervisors
   6. Resident Assistants
   7. Coordinator of Student Activities
   8. Faculty/staff advisors to student organizations
   9. External Campus Executive Directors/Campus Deans

The idea behind CSAs is that not all crimes on campus are reported to the police department. A student, for example, who is the victim of a crime may feel more comfortable telling his or her resident advisor or athletics team coach. The Clery Act requires colleges and universities to collect crime reports from all individuals and offices who are CSAs in order to present complete and accurate data to the campus community and respond to safety issues.

The role of CSAs is to record any information of alleged Clery Act crimes that are reported to them or that they may personally witness and promptly submit that information. At least once a year when the annual Clery Act crime statistics are being compiled for publication, CSAs will receive a survey form asking whether any crimes were reported to the CSAs. CSAs must complete and return the survey form as directed.

The role of a CSA is not to investigate the allegation and decide whether a crime took place-that is the function of law enforcement. A campus CSA should not try to apprehend the alleged perpetrator of the crime. That, too, is the responsibility of law enforcement. It is also not a CSA's responsibility to try and convince a victim to contact law enforcement if the victim chooses not to do so. A CSA's charge is to transmit information about alleged crimes to the 51吃瓜网视频 Baptist University Police Department. A CSA may also provide information to a victim of an alleged crime about resources available to assist him or her.

CSAs are required to complete Clery Act training during the first year they serve as CSAs. The training is coordinated by the 51吃瓜网视频 Chief of Police. Identifying CSAs will be coordinated by the 51吃瓜网视频 Chief of Police. Because personnel and job duties change, someone who is a CSA one year may not be a CSA the following year, and vice versa. Identifying CSAs requires knowledge of the functions performed by employees in each department. Therefore, all WBU vice presidents, deans, directors, and other unit heads shall assist the 51吃瓜网视频 Chief of Police in identifying persons within their areas who may be characterized as a CSA for purposes of the Clery Act. WBU's compliance

with the Clery Act depends on the cooperation of CSAs. For this reason, CSAs will also be required to immediately report any potential Clery Act crimes about which they become aware to the Chief of Police for purposes of ensuring inclusion, where appropriate, in WBU's annual statistical disclosures as well as for consideration of a timely warning notice. CSAs must also respond to any request for crime reports made by the Chief of Police, or designee, to ensure all crimes brought to the attention of CSAs are vetted in accordance with WBU's policies and procedures.

5. Annual Security and Fire Safety Report

By October 1st of each year the Annual Security and Fire Safety Report must be published and distributed to all currently enrolled WBU students and employees.

The 51吃瓜网视频 Chief of Police is responsible for coordinating the collection, classification, counting, reconciliation, and disclosure of all Clery Act crimes reported to CSAs, local law enforcement agencies and the WBU Police Department. As part of this responsibility, the Chief of Police will maintain detailed audit trails that substantiate the accuracy and completeness of crime statistics disclosed at each campus of the institution. The Chief of Police may be assisted in the compilation and reconciliation of crime reports/statistics by appropriate University officials, such as members of the Clery Act and Drug Free Schools and Communities Act Compliance Committee (C/DACC), as needed, to include (by way of illustration and not limitation) the Executive Director of Student Services and the Title IX Coordinator.

The Clery Act permits institutions to distribute the Annual Security and Fire Safety Report by posting it online and sending an individual notification to each student and employee announcing the availability of the report, briefly describing the information contained in the report, identifying the exact URL at which the Annual Security and Fire Safety Report is posted, and including a statement that a hard copy of the report is available upon request.

The 51吃瓜网视频 Chief of Police is responsible for publishing the Annual Security and Fire Safety Report on the WBU Police Department's website. The Chief of Police is also responsible for distributing a notice of the report's availability to all current students and employees by way of the University's email system prior to the October 1 deadline. The email will be sent to all WBU-supplied student and employee e-mail accounts.

Any person requesting a paper copy of the Annual Security and Fire Safety Report shall be provided one without charge.

The Annual Security and Fire Safety Report must also be provided to prospective WBU students and employees upon request. Online and written materials for prospective students and employees should a statement of the report's availability, a brief description of its contents, the exact URL at which the Annual Security and Fire Safety Report is posted, and a statement that a hard copy of the report is available upon request. A conspicuous notice containing this information will be placed on the University's "Apply Now" page, which all persons seeking admission into any of WBU's undergraduate programs must navigate prior to accessing the online admissions application. The notice will also be included on any paper copies of the admissions application. A conspicuous notice will also be provided to prospective employees on the webpages where employment opportunities are posted for staff (/about/employment/staff/index.htm) or faculty (/about/employment/faculty/index.htm) as well as the main Job Postings webpage (/about/employment/job-postings.htm). A conspicuous notice will also be placed on the electronic and PDF applications of the Application for Employment since all prospective adjunct faculty members must complete this application (but not all adjunct positions posted to one of the aforementioned pages).
The Annual Security and Fire Safety Report must also include information about any reported fires in University housing facilities. The Coordinator of Residence Housing will provide fire statistics to the 51吃瓜网视频 Chief of Police for on-campus student housing.
The WBU 51吃瓜网视频 Chief of Police is responsible for ensuring that the Annual Security and Fire Safety Report contains all of the statistics, University policies and procedures, program descriptions, and other information required by the Clery Act, although pertinent members of the C/DACC shall also provide input as to the accuracy and completeness of any statements of policy or other information contained in the Annual Security and Fire Safety Report prior to its publication each year to ensure the final report accurately reflects the University's current policies and practices at each of the University's campuses addressed by the report.
The 51吃瓜网视频 Chief of Police is also responsible for fulfilling WBU's obligation to annually report crime and fire statistics to the U.S. Department of Education (ED) via its web-based data collection tool (the Campus Safety and Security Data Analysis Cutting Tool, otherwise known as the CSSDACT). As part of these duties, the Chief of Police shall be responsible for ensuring that no discrepancies exist between the statistics published in the ASFSR and statistics submitted to ED via the CSSDACT. As part of these responsibilities, the Chief of Police will do the following

• Prior to publishing crime statistics from the most recent calendar year in theAnnual Security and Fire Safety Report, the Chief of Police will be responsiblefor reviewing the statistics input into the draft ASFSR and comparing thosestatistics to each campus audit trail.
• Prior to publishing fire statistics from the most recent calendar year (for thePlainview Campus) in the Annual Security and Fire Safety Report, the Chief ofPolice will be responsible for reviewing the statistics input into the draft ASFSRand comparing those statistics to the fire log, since all On-Campus StudentHousing Facility fires recorded on the fire log must be included in the firestatistics. The Chief of Police shall also be responsible for ensuring informationregarding reported fires has been accurately input into the fire statistics table inthe ASFSR. This will include verifying, for each fire disclosed in the firestatistics, the cause of each fire, the number of persons who received fire-relatedinjuries that resulted in treatment at a medical facility, the number of deathsrelated to a fire, and the value of property damage caused by a fire.
• Prior to submitting and locking crime and fire statistics in the CSSDACT for the most recent calendar year, the Chief of Police will review the statistics entered into the CSSDACT to confirm there are no discrepancies with the corresponding crime and fire statistics published in the Annual Security and Fire Safety Report. With respect to fire statistics, the Chief's review should confirm that the On-Campus Student Housing Facilities listed in the ASFSR fire statistics are the same facilities for which the University is disclosing fire statistics in the CSSDACT. The Chief should further affirm that each listed facility discloses the same statistical data in both sources. Once these reviews are complete, the Chief will submit and lock the crime and fire statistics in the CSSDACT.

6. Separate Campuses

Under the Clery Act, if an institution has more than one campus, each separate campus must comply independently with all of the Act's requirements. 51吃瓜网视频 Baptist University will evaluate its teaching locations each year to determine the separate campuses for the purposes of Clery Act reporting.

Each campus will work closely with the 51吃瓜网视频 Chief of Police to oversee the compilation, publication, and distribution of the Annual Security and Fire Safety Report, as necessary.

7. Records Retention

All supporting records must be kept for three years following the publication of the last Annual Security and Fire Safety Report to which they apply. Thus the records retention period is effectively seven years. Records to be maintained include, but are not limited to, copies of crime reports; the daily crime logs; records for arrests and referrals for disciplinary action; timely warning and emergency notification reports; documentation, such as letters to and from local police having to do with Clery Act compliance; letters to and from CSAs; correspondence with the U.S. Department of Education regarding Clery Act compliance; and copies of notices to students and employees about the availability of the Annual Security and Fire Safety Report.

The physical retention of the records will be in the Office of the Vice President of Enrollment Management.

Contact for Interpretation: Vice President of Enrollment Management

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This policy statement supersedes all previous policy statements on this subject.

 

Revisions:

- Inception - 02-13-2019

Printable Policy 1.5.6

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