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Bridgewater State University The Clery Act & C.S.A.’s Lieutenant Matthew Rushton, Clery Compliance August 2015
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Objectives Describe the Clery Act Explain a Campus Security Authority (CSA) Identify your Crime Reporting Role Properly Report a Crime Complete and Submit the CSA Incident Reporting form
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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, 1986. 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 1990. It has been amended regularly over the last two decades to keep up with changes in campus safety. Most recent update in 2013 to expand the law's requirements concerning the handling of sexual violence (see the summary of the Campus Sexual Violence Elimination Act for additional information about these requirements which take effect in 2014).
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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
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What is BSU obligated to do? 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
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What Crimes get reported ? Institutions are required to report on crimes such as: Murder (including non-negligent and negligent manslaughter) Sex Offenses (forcible/non-forcible, domestic violence, dating violence, and stalking) Robbery Aggravated assault Burglary Motor vehicle theft Arson Arrests & Referrals Liquor law violations Drug-related violations Weapons possession Hate Crimes
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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?
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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.
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Where you come in…..C.S.A. A campus police department or a campus security department of an institution Any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property): BSU Student Security Officers! Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses: An official of an institution who has significant responsibility for student and campus activities, including, but not limited to student housing, student discipline and campus judicial proceedings. 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:
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C.S.A.’s by the Clery Act 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
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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.
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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.
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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.
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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
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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.
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C.S.A. Reporting Form
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Where can I find more Clery information & the C.S.A. reporting form? www.bsu-cleryact.com cleryact@bridgew.edu
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Questions? Lieutenant Matthew T. Rushton Clery Compliance Coordinator Bridgewater State University Police Department Visit www.bsu-cleryact.com email: cleryact@bridgew.edu 508.531.2833www.bsu-cleryact.comcleryact@bridgew.edu
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