Bridgewater State University The Clery Act & C.S.A.’s Lieutenant Matthew Rushton, Clery Compliance Officer

Objectives Explain the History of the Clery Act What is BSU obligated to do Explain the Role of a Campus Security Authority (CSA) Properly Report a Crime Complete and Submit the CSA Incident Reporting form

What is the Clery Act? The Clery Act requires institutions of higher education receiving federal financial aid to report specific crime statistics on campus and provide safety and crime information to members of the campus community. Law is tied to federal student financial aid programs and requires colleges and universities to make timely warnings, emergency notifications, and provide annual information about campus crime statistics and security policies. Violators can be “fined” up to $35,000 per incident by the U.S. Department of Education, the agency charged with enforcement of the Act.

Why is this important? Many crimes, especially sexual assaults, are not reported to police. The Clery Act requires that the University gather and publish crime data from multiple sources (including a Campus Security Authority) to ensure that students and others know about potential dangers on campus.

The Clery Act is named in memory of Jeanne Clery who was raped and murdered in her residence hall room at Lehigh University by a fellow student she did not know on April 5, The attack on Clery was one of 38 violent crimes recorded at the university in three years. Her parents argued that, had the university's crime record been known, Clery would not have attended. They sued, were awarded $2 million, and founded Security on Campus, a non-profit group Her parents championed laws requiring the disclosure of campus crime information, and the federal law that now bears their daughter's name was first enacted in It has been amended regularly over the last two decades to keep up with changes in campus safety. Who was Jeanne Clery…

Gender Discrimination Sexual Harassment Sexual Violence Criminal Offenses Hate Crimes Arrests & Referrals for drugs, alcohol, weapons Sexual Assault Domestic Violence Dating Violence Stalking TITLE IX Gender Discrimination at Educational Institutions Mandatory Reporters = “Responsible Employees” Report WHO & WHAT (non-confidential) CLERY ACT Safety & Security at Educational Institutions Mandatory Reporters = “Campus Security Authorities” Report WHAT & WHERE (confidential if victim wishes) VAWA Amendments to Clery Act

BSU must meet obligations in the following three broad categories: (1) policy disclosure; (2) records collection and retention; and (3) information dissemination. Policy Disclosure Disclose safety policies Records Collection and Retention Crime Log & Fire Statistics Request for Crime Stats – only certain crimes defined by law Maintain Police Reports Information Dissemination Timely Warnings Campus Safety Alerts What is BSU obligated to do?

Evaluation of Crimes for Notification to the Campus Community… The Differences between Emergency Notification & Timely Warnings Requirements of the Clery Act Emergency Notifications: These notifications are triggered by confirmation from responsible authorities (pre-identified in the annual Clery Act report) of a wide range of threats such as any significant emergency or dangerous situation that involves an immediate threat to the safety and health of students, as well as employees on the campus. Timely Warnings: Timely warnings are triggered when the campus determines that a Clery related crime presents a serious and/or continuing threat to students and employees, such as a murder, sex offence or robbery. This determination would be made by officials who should be pre-identified in the annual Clery Act report.

Criminal Offense What is a CSA required to report?  Criminal homicide (murder and manslaughter)  Sex offenses, forcible & non-forcible  Aggravated assault  Robbery  Burglary  Motor vehicle theft  Arson  Hate crimes, including any of the seven crimes listed above, or any other crime causing bodily injury, if motivated by race, gender, gender identity, religion, sexual orientation, ethnicity, national origin or disability.  Arrests and discipline referrals of students, staff, and faculty for liquor, drug and weapons law violations Amendments to the Clery Act in 2008 expanded hate crimes to include: ● Larceny-theft ● Simple assault ● Vandalism ● Intimidation

What is a CSA required to report, cont.? In March 2013, President Obama signed a bill that strengthened the Violence Against Women Act (VAWA). Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE) that amends the Clery Act to include reporting of the following effective 2014: ● Dating violence ● Domestic violence ● Stalking  The 3 new Clery crimes listed above must be tracked for inclusion in the reporting of Clery crime statistics starting with the October 2014 Annual Security Reports. Work with your respective chain of command about any additional reporting of these types of crimes.  The Annual Security Report must also include updated policy statements to include VAWA requirements addressing Sexual Harassment Policy and Procedures for Responding to Complaints of Sexual Harassment.

A CSA must report an incident if it occurred: ON CAMPUS (includes streets, grounds and parking lots within campus boundaries) In on-campus housing facilities (even if privately owned/operated) On public property adjacent to the campus (e.g., roads, sidewalks, MBTA parking lot) On non-campus property owned or controlled by the University or a recognized student organization (e.g., fraternities [BSU has none])

Reporting Cont. OFF CAMPUS but closely related to the University Under the law, some off-campus locations are deemed so closely related to the University that crimes at these locations are included in campus crime statistics. Any building or property owned or controlled by BSU that is used in direct support of BSU’s educational purposes, is frequently used by students, and is not “on-campus” property Bridgewater Ice Arena Hotels Franklin State Forest

Location, Location, Location….

Crimes that are reported with our campus geography to University Police… Evaluated using a three-part test: Is the crime a Clery reportable crime? Did the crime occur in a Clery reportable geographic area? Was the crime previously reported to a Campus Security Authority? Police? Office of Community Standards? Title IX?

What is a Campus Security Authority? The Clery Act requires that the University gather and publish crime data from multiple sources, including a Campus Security Authority. The law defines 4 categories of a Campus Security Authority: University Police Non-police security staff responsible for monitoring University property People/Offices designated under our policy as those to whom crimes should be reported “Officials with significant responsibility for student and campus activities”

Defined by BSU Policy Bridgewater State University Police Officers Officials with Significant Responsibilities for Students and Student Activities Non-Police Security Staff Individuals Designated by Policy Athletic Trainer/Coaches

Other Examples of a CSA at Bridgewater State University as defined by policy…  Safety Escort Drivers  Athletics Coach's & Athletic Trainers  Student Health Officials  Faculty Advisors to Student Group  Other desk or building monitors  Community Service, and other student groups staff or advisors It is important to remember that an employee's job function, not their title, is what determines if they are a CSA under the Clery Act.

What Does a CSA Do? The function of a Campus Security Authority is to report a crime or emergency that you become aware of to the: Bridgewater State University Police Department or The reporting process designated through your department.

Additionally…  Report allegations made in good faith to the reporting structure established by your department or BSU.”  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.  You do not need to witness the crime. Under the Clery Act, a crime is “reported” when it is brought to the attention of a campus security authority by a victim, witness, other third party, or even the offender.

What a CSA Should Not Do  You do not need to investigate any crime reported to you.  You should not try to apprehend the alleged perpetrator of the crime.  You do not need to convince the person reporting this to you to speak to the police if they are unwilling

Why Would a Crime be Reported to Me? The University encourages all students and employees to report crimes and emergencies to the BSU Police, however we know that doesn’t always happen. Often times when students are the victims of crime, they are likely to report it to someone other than the police. Because of your function at the BSU, someone may tell you about a crime.

Where can I find more Clery information & the C.S.A. reporting form?

C.S.A. Reporting Form

Questions? Lieutenant Matthew T. Rushton Clery Compliance Coordinator Bridgewater State University Police Department Visit