Jeanne Clery Campus Security Policy & Crime Statistics Disclosure Act What you need to know if you are a Campus Security Authority at UC Santa Barbara

Clery Act? What’s That? Jeanne Clery was raped and murdered in her dorm room at Lehigh University in 1986. Her killer was another student. Her parents believe she would have been more cautious or made a different school choice if she had known about other violent crimes at Lehigh. Congress agreed: the Clery Act, first enacted in 1990 and amended in 1998 and 2008, requires higher education institutions to report crime statistics to current & prospective students & employees.

But what does it have to do with me? Many crimes and incidents, especially sexual assaults, are not reported to police. To ensure that students know about dangers on their campuses, the Clery Act requires institutions to gather and publish data from four kinds of Campus Security Authorities (CSAs). That’s where you come in.

What makes me a Campus Security Authority? Four categories - Campus Police or Security Department - Those responsible for campus security but not a police or security department - People/offices designated as Campus Security Authorities - “Officials with significant responsibility for student and campus activities” UCSB Clery Act Coordinator has the final word

Responsible for campus security UCSB Police CSO officers Non-police security staff responsible for monitoring or controlling entrance to campus property parking/information kiosk attendants campus escorts Special events security staff

Designated individuals to whom crimes can be reported anonymously Specific individuals or departments named by UCSB to which students and employees should report criminal offenses UCSB campus security policy directs crimes be reported to: - Stephan Franklin, Office of Judicial Affairs - Kim Equinoa, Women’s Center - Farfalla Borah, Human Resources - Kristen Burnett, Housing & Residential Services

Designated individuals to whom crimes may be reported anonymously: - Joshua Moon Johnson, Resource Center for Sexual and Gender Diversity - Garay Menicucci, International Students & Scholars - Zaveeni Khan-Marcus, MultiCultural Center - Cindy Doherty, Academic Personnel - Gary White, Disabled Students Program - Katya Armistead, Office of Student Life

Designated individuals to whom crimes can be reported anonymously: - Kristen Gibson, Equal Opportunity & Sexual Harassment/Title IX Compliance Office - Diane O’Brien, Intercollegiate Athletics - Gina Gonzales, Visitor Center - Marilyn Romine, College of L&S

Significant responsibility for student and campus activities Focus on function, not title - officials with significant responsibility for student and campus activities - regular contact with students - have authority & duty to take action or respond to particular issues on behalf of UCSB Focus on student activities, not faculty and staff

Significant responsibility for student and campus activities Examples: - Dean of Students - Student Activities coordinators - Student Housing staff - Judicial Affairs officers - Athletic Director & team coaches - Faculty Advisor to student group This category of CSA is defined broadly to ensure complete coverage and thorough reporting of crimes.

Significant responsibility for student and campus activities Some examples of those NOT included: - Individual faculty who are not advisors to student groups - Individual campus health center physicians - Clerical & dinning commons staff

Significant responsibility for student and campus activities BUT YOU DO NOT HAVE TO REPORT IF You are a licensed mental health counselor or a pastoral counselor (employed by a religious organization to provide confidential counseling) AND You are working within the scope of your license or religious assignment

Confidential reporting option: UCSB encourages professional and pastoral counselors, although not required to report crimes, to tell victims about the Confidential Reporting Process. The counselor must make a judgment call: is it appropriate to discuss crime reporting in this particular situation? Confidential Reporting Process: victims can report crimes confidentially (no names or criminal investigation) to the Police or to a designated Campus Security Authority for inclusion in crime statistics.

I’m a Campus Security Authority and I’m not a counselor What do I 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 it to the CSA Coordinator (Women’s Ctr) Just get the facts, the Police will do the analysis When in doubt, REPORT

What crimes do I have to report? These nine Clery crimes must be reported: Criminal homicide Sex offenses, forcible & non-forcible Aggravated assault Robbery Burglary Motor vehicle theft Arson

What crimes do I have to report? (continued) Hate Crimes (by bias) Arrests & disciplinary referrals for violations of liquor, drug, and weapon laws

Timing is (almost) everything Be sure to document When did the crime or incident occur? When did the person report it 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 police

Location, location, location You must report if it occurred On campus On campus, in residence halls On public property adjacent to campus On non-campus property owned or controlled by the University or a recognized student organization (e.g., Sedgwick Ranch, fraternities)

Not reportable Do Not Report Crimes if A person tells you about a crime that occurred before he/she came to the University OR While he/she was away from campus and not involved in a UC activity - e.g., at home on spring break

But DO tell the student about reporting options, and refer for help For example A student tells you that she was raped by another student at her off-campus apartment. Although the crime did not occur at a location covered by Clery reporting, the accused student IS subject to University disciplinary action for this off-campus conduct. In addition, the victim is eligible for campus assistance and resources.

Just get the facts Police will categorize the report: your job is to get the information the person is willing to tell you. Remember: - You are not a detective - You don’t have to prove what happened or who was at fault, or classify the crime - You aren’t supposed to find the perpetrator

Describe options Let the person know about options for reporting to police: - anonymously (http://www.police.ucsb.edu/Web/MailForm/ReportACrime.php) - for information only - for investigation

Describe options Inform her/him about the confidential reporting process to law enforcement available through the Rape Prevention Education Program for sexual assaults BUT: The decision isn’t yours -a person who talks to you may not want to talk to police – and doesn’t have to

Offer referrals to campus and other resources, including Campus victims’ assistance programs for sexual assault and other crimes - the Rape Prevention Education Program (RPEP)-Women’s Center Available medical treatment Counseling services for students and staff Santa Barbara Rape Crisis Center 24-hour line, 564-3696

Document & report the facts Complete a Crime & Incident Report Form If the person does NOT want to report to police, inform her/him that you MUST report the incident as an anonymous statistic, but will not identify anyone involved without permission. – you may need to wait until the reporting party leaves

Filling out the Crime Report form: Available online or from the CSA Coordinator in the Women’s Center or Barbra Ortiz in Student Life (ortiz-b@sa.ucsb.edu) Describe the incident or crime Answering questions on form will help police determine correct category Get as accurate and complete a description of what happened as you can Even incomplete information can help

The questions: Is a violent crime in progress? (If so, call police immediately!) Has the victim sought or is the victim in need of assistance/services? What happened? How, when, and where did it happen? Is there an identified suspect? Has the incident been reported to police or to another CSA? Does the victim wish to remain anonymous?

Filling out the form: you’re not the expert, and you don’t have to be You don’t have to be a criminal lawyer or know the classification Just indicate the crime that seems most likely or possible The experts (the Police) will make the final determination and classify the crimes

Filling out the form: the crimes Criminal Homicide: murder, non-negligent manslaughter, and negligent manslaughter (including vehicular manslaughter) Aggravated Assault: unlawful attack upon another with intent to inflict severe injury, using weapon or means likely to produce death or great bodily harm

Filling out the forms: the crimes Sex offenses, forcible and non-forcible Forcible sex offenses: rape, sodomy, sexual fondling, sexual assault with object Non-forcible: statutory rape and incest Questions re: sex offenses: Was crime committed forcibly/against victim’s will? Was victim incapable of giving consent because of temporary/permanent mental/physical incapacity, or because underage? Was assault facilitated by giving drugs/alcohol?

Filling out the form: the crimes Robbery: taking/attempting to take something by force, violence, threat, or by putting victim in fear Questions re: robbery Was force or a weapon used or threatened? Was victim injured? Did victim feel fearful, threatened or endangered?

Filling out the forms: the crimes Burglary: unlawful entry into a structure to commit a felony or theft Questions re: Burglary Was item taken from inside dorm room, office, store, lab, or other structure? Was structure, room, store, or office open, closed, or locked? How did thief get into the structure/ room etc.?

Filling out the form: the crimes Motor vehicle theft: theft of automobiles, trucks, etc., including “joyriding” (taking by person without lawful access) Arson: willful or malicious burning/attempt to burn structure, vehicle, or personal property of another

Filling out the form: the crimes Hate crimes: any of the seven crimes listed above, any other crime causing bodily injury, plus new in 2008 larceny-theft, simple assault, intimidation, and destruction, damage and vandalism of property where there is evidence both of hate motivation and that the victim was selected because of actual/perceived race, gender, religion, national origin, disability, or sexual orientation

Filling out the form: the crimes Hate crimes to property, questions: Was the target personal property, a personal residence, house of worship, or ethnic organization? Did the incident involve any expression of hatred (e.g. graffiti, comments) re: race, gender, ethnicity, religion, sexual orientation, or disability? Did any personal injury result from the incident? Report ANY vandalism to property of a religious, ethnic, gay or lesbian organization as a hate crime

Filling out the form: the crimes Liquor, drug, and weapon law violations: Police report statistics on arrests for liquor, drug, and weapons-related crimes Student housing, student judicial affairs and human resources report statistics on disciplinary referrals for drug, liquor, and weapon law violations (except when the person was also arrested for the same act) Statistics must reflect number of persons involved (head count), not just number of incidents

Help is at hand . . . Where to get more information UCSB Clery Report website: http://www.sa.ucsb.edu/policies/cleryact U.S. Dept. of Education Clery Act Handbook: http://www2.ed.gov/admins/lead/safety/handbook-2.pdf Questions? Contact the UCSB Clery Act Coordinator, Barbra Ortiz 893-7884 (phone); 893-7005 (fax) ortiz-b@sa.ucsb.edu (e-mail)