Campus Security Authority Training Viterbo University

Clery Act The Clery Act requires all colleges and universities that participate in federal financial aid programs to keep and disclose information about crime on and near their respective campuses. Compliance is monitored by the US Dept of Education, which can impose civil penalties, up to $35,000 per violation, against institutions for each infraction and can suspend institutions from participating in federal student financial aid programs.

Background to the Clery Act In 1986 Jeanne Clery, a freshman at Lehigh University, was murdered and sexually assaulted in her campus residence hall room. LeHigh hadn’t informed students about 38 violent crimes on campus in the three years preceding her murder. The backlash against unreported crimes on numerous campuses across the country led to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. The Clery Act was signed in into law in 1990.

Campus Security Authorities Even with a Security department on campus, a student who is the victim of a crime may be more inclined to report it to someone other than the campus Security. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be “campus security authorities.”

The “function” of employees on campus Because official responsibilities and job titles vary significantly on campuses, a list of specific titles is not provided in the regulations. To determine specifically which individuals or organizations are campus security authorities for Viterbo, we considered the function of the individual or office. Officials (i.e. not support staff) whose functions involve relationships with students. If someone has significant responsibility for student and campus activities, he or she is a campus security authority.

Campus Security Authority’s primary responsibility is… “to report allegations made in good faith to the reporting structure established by the institution.”

Campus Security Authority’s responsibilities: If a campus security authority receives the crime information and believes it was provided in good faith, he or she should document it as a crime report. In “good faith” means there is a reasonable basis for believing that the information is not simply rumor or hearsay. That is, there is little or no reason to doubt the validity of the information. CSA’s, therefore, must disclose reports of alleged criminal incidents. It is not necessary for the crime to have been investigated by the police or a campus security authority, nor must a finding of guilt or responsibility be made to disclose the incident.

So you are a CSA – What do you have to do? If someone tells you about a crime or an incident that may be a crime, you must record the information and submit a report Just get the facts, experts will determine the crime Use the form made available to you When in doubt, report it!

Timing is critical Be sure to document When the crime or incident occurred and When it was reported to you The law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to Security or Police by a CSA.

Crime Reporting In an emergency situation dial 911! Contact Security at (608) 796 3911 or extension 3911 from a desk phone. Director of Campus Safety (608) 796 3913 or extension 3913 from a desk phone. https://publicdocs.maxient.com/incidentreport.php?ViterboUniv

Filling out the Report form: Describe the incident or crime Answering questions on the form will help Safety & Security determine the correct category Write a brief description of the incident Even incomplete information can help

Filling out the form: you’re not the expert, and you don’t have to be You don’t have to know the classification Just indicate the crime that seems most likely or possible Director of Campus Safety & Security will make the determination and classify the crimes

Who is exempt from CSA status? Persons who are unlicensed and uncertified but acting under the supervision of an exempt counselor, i.e. graduate student doing an internship. (unless they are an SGA Advisor) Father Conrad Father Larry Professional Counselors Pastoral Counselors

The Clery Reportable Geographic Locations On Campus Non-Campus building or property Public property

Definition of On Campus? Owned or controlled by the institution Within the same reasonably contiguous geographic area and Used in direct support of or in a manner related to the institution’s educational purposes: Academic Buildings Administrative Buildings Residence halls and other on campus housing facilities

Core Campus… A building or property would be considered reasonably contiguous if: (1) It is in a location that you consider to be and treat as an integral part of your main or core campus and (2) Is covered by the same security policies as that campus.

Clery Reportable Boundary

Defining “Control”… Controlled by means that your institution rents, leases, or has some other type of written agreement (including an informal written agreement such as a letter or an email) for a building or property. Even is there is no payment involved in the transaction, under Clery, a written agreement for use of the space gives your institution control of that space for the time period specified in the agreement.

Definition #2 of On Campus Any building or property on campus: Owned by the institution but controlled by another person Frequently used by students, and Used to support institutional purposes… Restaurants or Food Vendors Bookstores or other retail vendors

Definition of Non-Campus? Any building or property not part of the core campus and does not fit the definition of separate campus and is: Owned or controlled by the institution Used in direct support of or in relation to the institution’s educational purposes, Frequently used by students and Is not within the same reasonable contiguous geographic area of the institution (Green Bay )

What about buildings or property your institution rents or leases to hold classes on a part-time basis? Report crimes that occur during the time covered by your contract. For example, if you lease classroom space in a publicly owned high school or a municipal athletic field, report only the crimes that occur during the days and times covered by your lease or rental agreement

What about non- campus/repeated use? (Travel & Hotel Stay) Report crimes that occur during travel at the hotel in which the students stay, only if the hotel is repeatedly used. For example, if every year students on the Volleyball Team take a trip to Philadelphia and stay at the same hotel, Viterbo must include any Clery crimes reported as occurring in certain portions of the hotel in our crime statistics. (i.e.. Rooms we control and public space leading to the rooms, hallways, elevator, stairwells, bathrooms, etc.) More than 1 night.

What about non- campus/repeated use? (Study Aboad) Report crimes that occur on overnight side trips to various locations if the same hotel is used repeatedly, regardless of the amount of time each group of students stay. For example, Study Abroad semester in Spain that includes weekend trips to Madrid at the same hotel for more than one night or an extended period.

Collecting, Classifying and Counting Crime Data

Clery Reportable Crimes Murder/Non-negligent manslaughter Negligent manslaughter Sex offenses – Forcible (Rape, Sodomy, Object, *Fondling) Sex offenses - Non-forcible (Include only incest and statutory rape) Robbery – Armed, Strong arm when offering resistance Aggravated assault – Including hands/feet…look at injury Burglary (not Larceny) evidence of unlawful entry Motor vehicle theft – Including Golf carts, mopeds Arson – Must be investigated ** Hate Crimes – also associated some non-Clery Crimes

Clery Reportable Crimes (VPSA is referring party for all Incident Reports) Weapon Law Violations Manufacture, sale, purchase, use, transportation, possession Drug Law Violations (not civil citations, <25 grams of marijuana, referral is counted , not crime) Possession, sale, growing, making Liquor Law Violations Furnishing to minor, underage possession (not public drunkenness)

In Your Role as a CSA, Please Remember: Your job is to report incident information the person is willing to tell you; You are not a detective – you aren’t suppose to identify who was at fault or find the perpetrator; You don’t have to know the crime classification – just indicate the crime that seems most likely or possible; University Security will make the crime classification determination.

Describe Options Let the person know about options to report crimes to the police A person who talks to you may not want to talk to police – and doesn’t have to *Exception: when the victim reports a crime to a professional who is mandated by law to report specific crimes; for example child abuse.

Annual Security Report Requirement By 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

Questions