1. CRIME REPORTING TRAINING
VERMONT TECHNICAL COLLEGE
CRIME REPORTING TRAINING
YOUR ROLE AS A CSA & RESPONSIBLE PERSON

2. OVERVIEW What is the Clery Act? Requirements of the Act
Identifying Campus Security Authorities (CSAs)
How and where to file a report
What is Title IX?
Identifying Responsible Persons
This presentation is designed to familiarize key members of the campus community with their obligation to report crimes to the institution in their capacity as a Campus Security Authority (CSA) under the Clery Act, and as a Responsible Person under Title IX. This presentation will help team members understand the purpose of the laws, the key tenets as they relate to crime reporting and what is expected in this capacity. Vermont Technical College takes its role in compliance and campus safety very seriously and, to that end, has constructed this training to help familiarize you with the Clery Act, Title IX and how and where to report crime. In this way, we can strive to ensure the safety of the campus community.

3. WHAT IS THE CLERY ACT?
1986: 19-year-old student Jeanne Clery raped and murdered in residence hall room at Lehigh University
1990: Congress passed Crime Awareness and Campus Security Act
Several provisions...
In April of 1986, Jeanne Clery, a 19-year-old student at Lehigh University (PA), was raped and murdered in her on-campus residence hall room. Her convicted assailant, who is spending life behind bars without parole, was also a student at the school. Jeanne did not know this person prior to the attack. The Clery family was extremely concerned about the lack of information provided to students and families about the rapid increase of violent and non-violent incidents on campuses and they realized that, while crimes were being reported to campus authorities, administrators often failed to provide adequate warnings about those incidents. Additionally, the Clerys maintained that if there were uniform laws mandating institutions to do so, prospective students and their families would have a better sense for safety on campus.
As a result of a concentrated lobbying effort, in 1990 Congress enacted the Crime Awareness and Campus Security Act, which required all postsecondary institutions participating in Title IV student financial aid programs to disclose campus crime statistics and security information. In 1998, the law was renamed the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The Act has been amended several times over the years, most recently in 2008 (with additional provisions added via the SaVE portion of the Violence Against Women Act in 2013).
In a nutshell, the Clery Act requires that colleges and universities record and report certain crime statistics, give timely warnings of crimes that represent a threat to the safety of students or employees, and make public our campus security policies. All public and private institutions of postsecondary education participating in federal student aid programs are subject to it. Violators can be fined a significant amount by the U.S. Department of Education, the agency charged with enforcement of the Act, or face other enforcement action.
There are several important provisions within the Act with which we need to be familiar and which will be addressed in the next slides.

4. REQUIREMENTS OF THE ACT
Produce an Annual Security & Fire Report (ASR)
Notify campus in a “Timely Manner” of crimes that threaten safety
Maintain an up-to-date daily log of all reported crimes and their disposition
Track annual crime statistics that occur
All institutions must produce an Annual Security and Fire Report, known as an ASR, and distribute it to the campus community on or before October 1st. The campus must also have printed copies available and mail those to people upon request. Additionally, colleges and universities are responsible for providing timely notifications of crimes that occur on or around campus that may affect the safety of a member, or members, of the community. Ensuring that the campus community is informed is paramount to this legislation. The College keeps an up-to-date daily log of all reported crimes, available on the campus, with their disposition. Perhaps what the Clery Act is best known for is the annual publication of crime statistics, which are an essential part of the ASR.
These crime statistics show, over a 3-year period, based on calendar year, the number of crimes that have been reported on campus. It is irrelevant whether the crime was confirmed to have actually occurred or not. Rather, the reporting of the crime is enough to mandate its being tracked and recorded in the log.

5. REQUIREMENTS OF THE ACT
Homicide - Murder/Non-negligent MS
Homicide - Negligent Manslaughter
Sex Offenses - Forcible
Sex Offenses - Non-Forcible
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Arrests - Liquor Law Violations
Arrests - Drug Law Violations
Arrests - Illegal Weapons
Referrals - Liquor Law Violations
Referrals - Drug Law Violations
Referrals - Illegal Weapons
Hate Crimes (Larceny - theft, Simple Assault, Intimidation, Vandalism)
Stalking
Dating Violence
Domestic Violence
The categories of crime statistics mandating reporting are outlined as follows:
Criminal Homicide
Murder & Non-negligent Manslaughter
Negligent Manslaughter
Sex Offenses
Forcible
Non-Forcible
Robbery
Aggravated Assault
Burglary, where:
There is evidence of unlawful entry (trespass), which may be either forcible or not involve force.
Unlawful entry must be of a structure – having four walls, a roof and a door.
There is evidence that the entry was made in order to commit a felony or theft.
Motor Vehicle Theft
Arson
Colleges and universities are also required to report statistics for the following categories of arrests or referrals for campus disciplinary action (if an arrest was not made):
Liquor Law Violations
Drug Law Violations
Illegal Weapons Possession
Additionally, colleges and universities must report on the four following categories if the crime was identified as a hate crime, based on prejudice of race, gender, religion, sexual orientation, ethnicity or disability:
Larceny/Theft
Simple Assault
Intimidation
Destruction/Damage/Vandalism of Property
The crimes must also be classified as occurring in one of four locations:
On-campus
On-campus in a residence hall
Off-campus (public property)
In non-campus property
Finally, it should be noted that the Campus SaVE Portion of the Violence Against Women Act (VAWA) has mandated that institutions also track any reports of stalking, dating violence and/or domestic violence. These items are highlighted in red. Reporting responsibilities for these types of crimes are also covered under another law, which will be discussed shortly.

6. REQUIREMENTS OF THE ACT
Do not worry about categorizing crimes: Public Safety will do that.
The main concern is to know that we have a responsibility to report on all crimes.
It is not expected that CSAs and/or Responsible Persons categorize each reported crime, but rather that they know what to report and to whom. The Office of Public Safety at Vermont Technical College is responsible for categorizing the crimes reported.

7. CAMPUS SECURITY AUTHORITIES (CSAs)
Four Types:
Campus police or security department
Individual/organization who is identified as someone where a crime can be reported
Official with “significant” responsibility for student and campus activities
Official with authority and duty to respond to an issue
Crimes are disclosed based on those reported to Campus Security Authorities (CSAs). There are four categories of Campus Security Authorities as defined by the Clery Act:
A campus police department or a campus security department of an institution.
Any individual or organization specified in an institution’s statement of campus security policy as one to which students and employees should report criminal offenses.
An official of an institution who has significant responsibility for student and campus activities.
An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.

8. WHO ARE CSAs? President’s Cabinet Public Safety Officers
Student Affairs Staff (including Advisors for Clubs)
Resident Assistants
Athletics and SHAPE Staff
Academic Support Staff
Human Resources Staff
Our institution has identified specific members of the campus community who, based on their role at the institution, have significant interaction with students and/or the authority to address situations as reported. We have identified the President’s Cabinet, all Public Safety Officers, Student Affairs Staff (including Advisors for Clubs), Resident Assistants, Athletics and SHAPE Staff, Academic Support Staff, and Human Resources Staff.
Vermont Tech has identified these employees not only in compliance with Clery Act specifications, but those who have direct access to students in a capacity where reportable incidents could occur -- and where there is a reasonable expectation that if reported, action would be taken by that employee as needed.

9. WHO ARE CSAs? A Note About... Mental Health Counselors
Health Care Providers
Clergy
Vermont Technical College employs a health services staff and contracts with licensed mental health care providers. Under the law, Licensed Mental Health Counselors, Health Care providers and Clergy are exempt from reporting crimes that are told to them in their professional capacities. That does not, however, preclude these professionals from their obligation to report information when the safety of an individual or the campus community is threatened. The reporting of a specific type of crime, sexual assaults, is also addressed through Title IX which will be discussed next.

10. TITLE IX
Education Amendments Act (1972) prohibiting sex discrimination
Equal protection under the law
Commonly associated with athletics
Title IX, while commonly associated with athletics, really deals with a much broader concept of equal protection under the law and, as part of the 1972 Education Amendments Act, prohibits discrimination on the basis of sex, ensuring equity in access to education. In 2011, the Office for Civil Rights of the U.S. Department of Education disseminated a Dear Colleague letter to institutions of higher education that clarified the scope of Title IX as applying to all forms of sex discrimination, including sexual harassment up to and including any form of sexual assault. In recent years, the issue of campus sexual assault has received greatly heightened attention, with a number of studies suggesting an appallingly high prevalence of incidents meeting the definition of sexual assault as defined in criminal and/or civil law, including what is commonly known as “date” or “acquaintance rape.”

11. TITLE IX Goals: Educate, Prevent, Remediate Do not “blame” the victim
Appeals for both parties, regardless of outcome
Clear policies and procedures — timely responses and investigations
Responsible Persons
VSC Policy 311-A: all mandatory reporters
Under Title IX, campuses are responsible for proactively educating the campus community in order to prevent incidents from occurring and for remediating those incidents that do, through timely response and investigation. College policies and procedures are designed to encourage victims of sexual assault to report this crime to campus authorities. Care must be taken to ensure that victims of sexual assault are not in any way “blamed” for what occurred and that any interim measures necessary to safeguard the victim’s well being during investigation are implemented.
It is important to note that as campus community members covered by Title IX, both the victim (complainant) and the accused (respondent) are entitled to equal protection under the law.
In the Vermont State Colleges Policy 311-A deals with issues related to Title IX including sexual assault, dating violence, domestic violence, and stalking and all members of the campus community are considered mandatory reporters.

12. ROLES OF THE CSA/ RESPONSIBLE PERSON
Encourage crime reporting
Report and record information provided
Allow “proper authorities” to conduct investigation as needed
Report in a Timely Manner
Never promise confidentiality.
Ask questions of Student Affairs and/or Public Safety if your unsure
A key responsibility of the CSA/Responsible Person is to encourage crime victims and witnesses to report crimes. If someone tells a CSA about a crime or an incident that may be a crime, the CSA is expected to record the information and report it to the Office of Public Safety or Title IX Coordinator.
Please remember that the role of most CSAs and/or Responsible Persons ends when they have reported the crime. Vermont Technical College has many systems in place to handle and address the matter from there, including conducting investigations, involving local authorities, adjudicating the case through the College’s conduct review system and instituting interim measures to protect the safety of the campus community. CSAs and Responsible Persons, unless they are in the position of authority to conduct an investigation such as the Office Public Safety, should not conduct their own investigation. If there is ever a question as to whether or not to report an incident, it is important that the incident be reported.
It is important that reports are received in a timely manner, as two important provisions of the Clery Act are to provide timely notifications and/or early warnings. In order to keep the campus community informed about safety and security issues on an ongoing basis, an institution must alert the campus community of certain crimes in a manner that is timely and will aid in the prevention of similar crimes. Some crimes may pose an immediate risk to the campus community and require immediate notification and instructions. None of these instructions prevents a CSA or Responsible Person from notifying if they feel that the incident is urgent. However, in general, notifications should be made to the Office of Public Safety first.
CSAs and/or Responsible Persons should never promise complete confidentiality to someone who reports a crime to them, as they may well be obligated to share this information with Office of Public Safety or other responsible personnel. Confidentiality must be balanced with the obligation to ensure the safety of the entire campus community.

13. WHAT TO REPORT Information to be provided: Location Day, date, time
Nature of the incident
Student Names (not required in all incident reports Speak to Public Safety)
Any other relevant information
When filing an incident report, the goal is to ensure that Vermont Technical College has accurate information in order to be able to follow-up as necessary. To that end, the reporter should get the location of the incident, day, date, time and nature of the incident. The report is a description of the incident. CSAs should NOT be concerned with coding reported crimes based on the reported incident, but rather, just reporting the incident in as much detail as possible. Additionally, if there is any other important information to note, such as witnesses, concern about the student, etc, that should be included as well. It should also be noted that the College has many resources available to manage situations.

14. HOW TO REPORT Public Safety at 802-728-1292
Online:
Policy 311-A
Title IX Coordinator (Mary Kathryn Juskiewicz)
In order to report a crime or incident for the Clery Report contact Public Safety at or online at Incidents regarding Policy 311-A of Sexual Assault, Domestic and Dating Violence, or Stalking should be reported to the Policy 311-A Coordinator, Mary Kathryn Juskiewicz, at CSAs can also report via the Care & Concern form on the Public Safety webpage and the information will be routed directly to the Policy 311-A Coordinator who will determine the best path forward.

15. IN SUMMARY Our institution MUST report crimes per the Clery Act
You have been identified as a CSA & a Responsible Person
As such, you must report crimes to the institution as indicated
CSAs do not categorize; just report
A reported crime does not equate to criminal proceedings