The Clery Act Training PDF

The Clery Act Your Responsibility as a Campus Security Authority (CSA) Training Objectives Provide an overview of the Clery Act Define what a Campus Security Authority (CSA) is Define your obligations as a Campus Security Authority Provide training on completing the CSA Disclosure form Location categories defined under the Clery Act Clery Reportable Crimes reported under the Clery Act Provide information on the uses of your disclosures When feasible, examples and definitions of crimes have been taken from the Department of Education’s 2016 Handbook for Campus Safety and Security Reporting. A copy of the handbook is accessible by visiting the Disclosures following website: https://www2.ed.gov/admins/lead/safety/ and handbook.pdf For questions concerning District of Additional Columbia Official Code please visit the following website: Information https://advance.lexis.com/container?conf ig =014FJABmNTMyNmZlNy00N2U5LTRmN D ktYmI0YS1jMzc4ZjNkNDcwZWUKAFBvZE N hdGFsb2dWztW4MDtB3pBcSj7lPd0T&cri d= 4167aedf-09c9-4c9d-9a46-ca20801b1c5 The Clery Act requires that all colleges and universities that participate in What is the federal financial aid programs keep and disclose specific information. This Clery Act? disclosure must be made to all current and prospective students and employees. The requirements are as follows: Collect and publish statistics for crimes occurring on or near university owned or controlled properties Issue campus alerts (timely warnings and emergency notifications) Publish an Annual Security Report (ASR) containing statistics for reports of designated Clery crimes by October 1st Publish and maintain a daily crime log based on What is the data from all reported crimes. This log must be updated within two business days of receiving additional reports Clery Act? Publish an Annual Fire Report (AFR) containing statistics for incidents of fires in on-campus residential halls by October 1st Publish and maintain a daily fire log containing information from reports of fires in on-campus residential halls. This log must be updated within two business days of receipt of new reports Submit crime and on campus residential fire statistics to the Department of Education File missing student notification Clery Act History During the early morning hours of April 5, 1986, Jean Clery, a 19 year old Lehigh University freshman was tortured, raped and murdered in her residence hall room. Her killer was a drug and alcohol abuser, a Lehigh University student whom Jeanne had never met. He gained access to her room by proceeding, unopposed, through three propped open doors, each of which should have been locked. He was convicted and sentenced to death. Her parents, Connie and Howard Clery found that only four percent of colleges and universities reported crime on their campuses to the Federal Bureau of Investigation. The Clery’s went to work to mandate that all college and universities disclose crimes that occur on their campuses and prepare an annual campus security report that shows the crime statistics and what security measures are taking place on campus. In 1990, the Campus Security Act was passed. It was later renamed the Clery Act. Many community members are hesitant to report crimes to campus What does it police. have to do Crime Data is collected from a wide variety of “Campus Security with you? Authorities”, in addition to reports taken by campus police and local police agencies. term that encompasses four groups of individuals and organizations within an institution: A campus police department or a campus security department of an institution. All individuals who work for the department are campus security authorities Any individual or individuals who have Campus responsibility for campus security but who do not constitute a campus police department or a Security campus security department ○ Ex: Individuals who are responsible for Authority monitoring entrances into institutional property 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, A dean of students who oversees student housing, a student center or student extracurricular activities A director of athletics, a team coach or Examples of a faculty advisor to a student group Campus A student resident advisor or assistant or a student who monitors access to Security dormitories A coordinator of Greek affairs Authorities Defined by function, not title: ○ Significant responsibility for student AND campus activities ○ Contact with students A faculty member who does not have any responsibility for student and campus activity beyond the Who ISN’T a classroom Campus Clerical or cafeteria staff Security Doctors in the Student Health Authority? Center, or Counselors in the Counseling Center, who only provide care to individual students The function of a campus security authority is to report to the official or office designated by the institution to collect crime report information, such as the campus police (AUPD via the Clery Compliance Coordinator unless a crime is on-going), those allegations of Clery Act crimes that he or she receives The CSAs are responsible for reporting allegations of Clery Act crimes that are Function of reported to them in their capacity as a CSA a Campus This means that CSAs are not responsible for investigating or reporting incidents that they overhear students talking about in a hallway Security conversation; that a classmate or student mentions during an in-class discussion; that Authority a victim mentions during a speech, workshop, or any other form of group presentation; or that the CSA otherwise learns about in an indirect manner.* * The Handbook for Campus Safety and Security, Department of Education, June 2016 Scenario One: The Residence Assistant A resident assistant who has been identified as a CSA is told by a fellow student that she has been raped and is seeking emotional and medical support. The resident assistant should forward the report to the institution’s designated official for inclusion in the statistics regardless of whether the victim chooses to file a report with law enforcement or press charges. Scenario Two: The Athletics Director A student mentions to her boyfriend that a number of rooms on her dorm floor were broken into during the previous night’s football game. Later that day, her boyfriend tells the athletics director (AD) what he heard. The AD asks which dorm it was and what, if anything else, the boyfriend knows about the incident. The AD should document the information and forward it to the school’s campus security department or the institution’s designated official for inclusion in the statistics per the school’s crime reporting policy. Scenario Three: Function Dependent Jane, a resident advisor, is attending a Take Back the Night rally at her school. She attends the event as a participant and is not involved in providing any counseling services. As part of the event’s programming, a student gives a speech in which she says that she was raped on campus last year. In response to hearing the speech, three other students decide to address the crowd and disclose their own experiences being sexually assaulted. After the event, Jane returns to her room where a student from her housing facility knocks on her door and tells her that she was sexually assaulted at an on-campus party in another housing facility three months ago. Scenario Three: Function Dependent Jane should forward the report of the incident that was reported to her as she was acting in her capacity as an RA for her housing facility. Jane should not report the Sexual Assaults that she heard discussed at the Take Back the Night event. 1. You are not a confidential source in your role as a campus security authority. You should make anyone who may report crimes to you aware of the fact that you Additional are obligated to report information regarding the incident to the Police Information Department. on Your Role 2. Complainants (victims) should be as a Campus informed about how this information will be gathered (i.e. CSA Disclosure Form) Security and potentially used (i.e. crime log, timely notifications, annual security report). Authority 3. You should advise complainants of their options to file a report with AUPD. Per internal practice, ALL criminal activity, regardless of the location or whether it is a Clery applicable crime, should be reported to the American University Police Department as soon as it is disclosed to an AU Reporting staff/faculty/employee, unless that AU staff/faculty/employee is a medical Crimes professional, licensed counselor (acting under their licensure), or a pastoral counselor. On going crimes should immediately be reported to the Police Department at (202) 885-3636. There are two types of individuals who, although they may have significant responsibility for student and campus activities, are not campus security Exemption authorities under the Clery Act: for Pastoral 1. Pastoral counselor: A person who is: and Associated with a religious order or denomination; Professional Is recognized by that religious order or denomination as someone who Counselors provides confidential counseling; and Is functioning within the scope of that recognition as a pastoral counselor 2. Professional counselor: A person: Whose official responsibilities include Exemption providing mental health counseling to members of the institution’s for Pastoral community; and Who is functioning within the scope of and the counselor’s license or certification Professional This definition applies even to professional counselors who are not employees of the Counselors institution, but are under contract to provide counseling at the institution. Victims can report crimes to AUPD by contacting the department at (202) 885-2527 (non-emergency) or (202) 885-3636. An officer will Traditional be sent to take a report from the victim. Reporting Option Such reports will be used for crime alerts, daily crime log entries, or Annual Security Report crime statistics or safety advisories. Victims can report crimes confidentially (no names orcriminal investigation) to be included in crime statistics. The American University Police Department’s Crime Stoppers Web page at: Confidential https://www.crimestoppersusa.org/ Reporting Such reports will not be used for crime alerts, daily crime log entries, or Annual Option Security Report crime statistics unless the occurrences can be substantiated through investigation. This method should not be used to report crimes in progress. While you have the right to file a third party report on behalf of the victim, you should generally not contact the American University Police Department and file a police report on behalf of a victim who does not wish to file a report with the Department. Providing victim information in a police report will generate, at a Filing a minimum, a preliminary investigation on the part of the police department. Report on You should complete the CSA disclosure Behalf of a form and submit it to the Clery Compliance Coordinator at AUPD to fulfill Victim your obligations if a victim does not wish to file a report with AUPD. Completed and submitted CSA disclosure forms will be followed up by a phone call by the Clery Compliance Coordinator to ascertain additional information if needed. You should contact AUPD at (202) 885-3636 and file a police report if: You fear for the safety of the victim. An officer will conduct a welfare check on the student to ascertain if they are safe. The Dean of Students should also be notified if there are concerns with a victims well Filing a being to ensure they are provided with resources to address the concerns. Report on If the victim discloses information regarding the suspect which may assist in Behalf of a preventing similar incidents from occurring. You may also disclosure this Victim information on your CSA Disclosure form. If the crime is on going and you reporting the incident will assist in the apprehension of a suspect or mitigate the threat to the campus community. A campus security authority is not responsible for determining authoritatively whether a crime took place—that is the function of law enforcement personnel (AUPD or MPD). What A campus security authority should not Shouldn’t a try to apprehend the alleged Campus perpetrator of the crime. That too is the responsibility of law enforcement Security (AUPD or MPD). Authority Do? It’s also not a CSA’s responsibility to try and convince a victim to contact law enforcement if the victim chooses not to do so. Crimes In Progress – American University Police Department at (202) 885-3636 Completed Crimes In Which A Police Report is Requested – American University Police Department at (202) 885-2527 Reporting Crimes to Be Reported Through CSA Disclosure Form – Mr. Gregory Solomon Crimes at [email protected] For questions regarding reporting options, contact Mr. Gregory Solomon by email at [email protected]. In his absence, contact Captain William Sowers by email at [email protected]. The form is located on Blackboard and is in fillable PDF form Reporting To access Blackboard, go to https://blackboard.american.edu/ Crimes with and use your AU username and password (same one for logging into the CSA your computer and email) Disclosure Find “My Courses” on the top right portion of your screen and click on Form the link for CTRL-PS-999-002: Campus Security Authority Training Reporting Crimes with the CSA Disclosure Form Reporting Crimes with the CSA Disclosure Form Reporting Crimes with the CSA Disclosure Form The link for the Clery Reporting Form will be on the top left hand side of the screen. Click on it to open the PDF form. Reporting Crimes with the CSA Disclosure Form Contains general information on completing the form The CSA Contains phone numbers for Disclosure assistance in completing the form Form Part 1: Contains routing information for completed forms General Contains special instructions for Instructions Human Resources personnel The CSA Disclosure Form: Part 1: General Instructions The CSA Disclosure Form: Part 2 Clery Reportable Geography Contains the definitions for each type of Clery geography The CSA Disclosure Form: Part 3 Clery Reportable Crimes Contains the definitions for each type of Clery crime requiring the completion of a CSA Disclosure Form This section is used for incident tracking. It consists of two boxes, one indicating no incidents to report (CSAs not receiving The CSA disclosures throughout the year); and one for your CSA reference number (if Disclosure your department has a tracking number). Form Part 5 Once annually, CSAs will be asked to Section 1: submit a completed form to the Clery Compliance Coordinator (Greg) affirming Reportable that no incidents have been reported to them if they have not been advised of Incident any incidents throughout the year. This is to help ensure all reports are accounted for. The CSA Disclosure Form: Part 5: Section 1: Reportable Incident Select to indicate Use if your that no reports have department has an been submitted internal tracking during the previous number associated calendar year with the complaint This section is used chose the The CSA applicable Clery crimes reported to a CSA. Disclosure It is important to refer to Part 4 Form Part 5: (Clery Crime Definitions) or your Section 2: online training when determining how to complete this section. If Type of you are unsure of a crime classification, select unknown. Incident The CSA Disclosure Form: Part 5: Section 2: Type of Incident This section is used chose the applicable Clery crimes reported to a CSA. Reportable It is important to refer to Part 4 Crimes (Clery Crime Definitions) or your online training when determining Under Clery how to complete this section. If you are unsure of a crime classification, select unknown. 1. Murder/Non-negligent Manslaughter 2. Manslaughter by Negligence 3. Sex Offenses (Forcible or Non-forcible) a. Rape b. Forcible Fondling Reportable c. Incest d. Statutory Rape Crimes 4. Robbery Under Clery 5. Aggravated Assault 6. Burglary 7. Motor Vehicle Theft 8. Arson 9. Hate Crimes for 1-8, plus a. Larceny-Theft b. Simply Assault c. Intimidation d. Destruction, Damage, or Vandalism of property Reportable 10. Arrests and Referrals for Disciplinary Action Crimes for Liquor Law Violations Under Clery 11. Arrests and Referrals for Disciplinary Action for Drug Law Violations 12. Arrests and Referrals for Disciplinary Action for Weapons Law Violations Murder and Non-Negligent Manslaughter Clery T he willful (non-negligent) killing of one human being by another Definitions: Includes any death caused by Murder and injuries received in a fight, argument, quarrel, assault or Non- commission of a crime Negligent Does not include suicides, fetal deaths, traffic fatalities, accidental Manslaughter deaths, attempt to murder, justifiable homicide Clery Definitions: Murder and Non-Negligent Manslaughter Example One: Two groups of students get into an argument in a campus parking lot. Jim punches Joe and causes him to hit his head on a concrete sidewalk, inflicting severe head trauma. Two days later, Joe dies. Disclose this as one incident of on-campus Murder and Non-negligent Manslaughter. Example Two: A student is shot and killed during an armed Robbery on a city- owned sidewalk in front of a building on campus. Disclose this as one incident of public property Murder and Non-negligent Manslaughter. Manslaughter by Negligence (Negligent Manslaughter) The killing of one human being by another through gross negligence Clery Gross negligence is the intentional Definitions: failure to perform a manifest duty in reckless disregard of the Manslaughter consequences as affecting the life or property of another by Negligence Does not include deaths of persons due to their own negligence, accidental deaths not resulting from gross negligence, traffic fatalities Clery Definitions: Negligent Manslaughter Example One: Two students, Jim and Mike, are handling a gun at an on- campus residence hall owned by the institution, and Jim “jokingly” points the gun at Mike. Jim fires the gun, and Mike is killed. Jim claims no knowledge of the gun being loaded. Disclose this as one Manslaughter by Negligence on-campus category and on-campus student housing facility (Dormitory or Residential Facility). Sex Offenses Any sexual act directed against another person, without consent of Clery the victim including instances where the victim is incapable of giving Definitions: consent Clery Also included in these definitions are Reportable attempted sexual assaults For the purposes of Clery, there are Crimes two groups of sex offenses which are Forcible Sex Offenses and Non- Forcible Sex Offenses Forcible Sex Offenses Any sexual act directed against another person, forcibly and/or against that Clery person’s will; or not forcibly or against Definitions: the person’s will where the victim is incapable of giving consent. Clery Two types of forcible sex offenses: Reportable Rape (includes previously separate Crimes categories of sodomy and sexual assault with an object) Fondling Rape Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. The revised definition includes either Male or Female Victims or Offenders Includes instances in which the victim is Clery incapable of giving consent because of temporary or permanent mental or physical Definitions: incapacity, (e.g., due to the influence of drugs or alcohol or because of age) Rape In determining whether or not a reported incident can be classified as Rape, it may be helpful to be able to answer the following: Where on the body was the contact? Was there penetration of the vagina or anus or of the mouth with a sex organ? Was the victim intoxicated, under the influence of drugs or unable to consent due to permanent mental incapacity? Clery Definitions: Rape Example One: A female student reports that her ex-boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol. Disclose this as one count of Rape in the on-campus category and in the on- campus student housing facility category (Dormitory or Residential Facility). Example Two: male student reports that while making out with another male student in his A dorm, that the offender forcibly stuck his penis into the victim’s mouth. Disclose this as one count of rape on campus and in an on campus residential facility. Example Three: female athlete reports that she went out drinking with her girlfriend. She A passed out when returning home due to intoxication. When she awoke, her girlfriend was fingering her. Disclose this as one count of rape. Forcible Sex Offenses - Continued Fondling The touching of the private body parts of another person for the purpose of sexual Clery gratification, forcibly and/or against the person’s will or where the victim is incapable Definitions: of giving consent because of his/her youth or because of his/her temporary or permanent Forcible mental incapacity. Fondling For the purposes of classifying an incident, it is helpful to know: Where was the victim touched? Is there reason to believe that the touch was sexual in nature? Clery Definitions: Forcible Fondling Example One: A woman is walking on a public sidewalk in front of your campus and a man pinches her buttocks as he runs by her. Disclose this as one public property Fondling only if the victim reports that it was sexual in nature. Example Two: female student reports that while at a dance in MGC, an unknown A male grinded against her and touched her breasts without her permission. Disclose this as an on campus forcible fondling if the victim reports that it was sexual in nature. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Clery § 22-1901. Definition and penalty. If any person in the District related to another Definitions: person within and not including the fourth degree of consanguinity, computed according Incest to the rules of the Roman or civil law, shall marry or cohabit with or have sexual intercourse with such other so-related person, knowing him or her to be within said degree of relationship, the person so offending shall be deemed guilty of incest. Clery Definitions: Incest Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. Per DC Official Code 22-3001 (5a), a minor is a person who has not reached the age of 18 years and a child is a person who has not yet attained the age of 16 years. Per DC Official Code 22-3001 a “significant relationship” includes: A parent, sibling, aunt, uncle, or grandparent, whether related by blood, marriage, domestic partnership, or Clery adoption; A legal or de facto guardian or any person, more than 4 Definitions: years older than the victim, who resides intermittently or permanently in the same dwelling as the victim; Statutory The person or the spouse, domestic partner, or paramour of the person who is charged with any duty or Rape responsibility for the health, welfare, or supervision of the victim at the time of the act; and Any employee or volunteer of a school, church, synagogue, mosque, or other religious institution, or an educational, social, recreational, athletic, musical, charitable, or youth facility, organization, or program, including a teacher, coach, counselor, clergy, youth leader, chorus director, bus driver, administrator, or support staff, or any other person in a position of trust § 22-3009.01. First degree sexual abuse of a minor. Whoever, being 18 years of age or older, is in a significant relationship with a minor, and engages Clery in a sexual act with that minor or causes that minor to engage in a sexual act. (Ex: 40 professor year Definitions: old with a 17 year old student). Statutory § 22-3008. First degree child sexual abuse. Rape Whoever, being at least 4 years older than a child, engages in a sexual act with that child or causes that child to engage in a sexual act. (Ex: 17 year old with a 13 year old). Robbery obbery is the taking or attempting to take R anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear. Clery This includes carjacking. Definitions: Some questions to ask: Robbery Was force (physical assault) or a weapon used or threatened? What was taken or attempted to be taken? Was the victim injured? Did the victim feel fearful, threatened, or endangered? Clery Definitions: Robbery Example One: Two students returning to campus from a night at a local bar are approached by three armed men on a city sidewalk outside their residence hall and told to hand over their wallets. The students comply, and the three armed men leave without harming the students. Disclose this as one Robbery on public property. Example Two: A faculty member reports that while walking through the Quad, a man punched him and took his cell phone from his hand. Disclose this as one Robbery on campus. Aggravated Assault An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault Clery is usually accompanied by the use of a weapon or by means likely to produce death Definitions: or great bodily harm. Aggravated It is not necessary that injury result from an Assault aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed. Counted as Aggravated Assaults: Assaults or attempt to kill or murder Poisoning (including use of date rape drugs) Assault with a dangerous weapon Maiming Clery Mayhem Assault with explosives Definitions: Assault with disease (in cases where the offender is aware that he or she is infected Aggravated with a deadly disease and deliberately attempts to inflict the disease by biting, Assault spitting, etc.) Some questions to ask: Was a weapon used? What type? What injuries were sustained? Does or did the victim need medical attention? Clery Definitions: Aggravated Assault Example One: Sarah and Anne have a heated argument at a party in a residence hall. Sarah grabs a lacrosse stick and repeatedly beats Anne across the back with it, breaking several ribs. Include this as one Aggravated Assault on campus and in a residential facility. Example Two: A male student slips a date rape drug into a female student’s drink at a University owned non campus building. Before he can lure the victim away from her friends, however, someone notices what he had done and summons the police. Count this as one non-campus Aggravated Assault. nlawful entry into a structure to commit a U felony or theft. The use of force is not required for it to be a burglary. The lawfulness of the suspect to be in the room determines if it is a burglary. Examples of lawful access include: A student uses her keycard to enter her dorm. She lets five other students who do Clery not have key cards for that dorm into the building. All six of the students have lawful Definitions: access to the building. Burglary A student has a party in her dorm room with four guests. All five students have lawful access to the dorm room. A faculty member has an office in the science building. Students are in and out of the office while the science building is open. Anyone from the campus community going in the office during this time has lawful access. Examples of unlawful access include: A student uses her keycard to enter a dorm. Without her knowing, a student without a keycard to the building walks in after her. The student without the keycard does not have lawful access to the building. A student has a party in her dorm room with four invited guests. When the party is over the Clery host asks everyone to leave. She leaves the door unlocked while she goes to visit another student. One of the students who attended the Definitions: party opens the door and takes some money off of the desk. That student does not have Burglary lawful access to the room. A faculty member has an office in the science building. One night when the science building is locked, a maintenance worker who does not have a work order for the building, uses a maintenance key to unlock the building and then unlock the faculty member’s door and steals a computer. The maintenance worker does not have lawful access to the office. The unlawful entry must occur within a structure, which is defined as having four walls, a roof, and a door. This includes: Apartment, barn, cabin, church, condominium, dwelling house, factory, garage, house trailer or houseboat (if Clery used as a permanent dwelling), mill, office, other building, outbuilding, public Definitions: building, railroad car, room, school, stable, storage facility, vessel (ship) and Burglary warehouse Any house trailer or other mobile unit that is permanently fixed as an office, residence or storehouse Structures do not include cars, trucks or other non-permanent items such as lockers, filing cabinets, etc. Some questions to ask: Was the item(s) taken from inside a dorm room, office, store, lab, or other structure? Was the structure, room, store, or Clery office open, closed or locked? Definitions: Did anyone else have lawful access to the area (i.e. does someone else Burglary live there? Was there maintenance work done during the time of the theft? Were guests over?) H ow did the suspect get into the structure? Clery Definitions: Burglary Example One: A room in an on-campus dormitory is broken into and a laptop is stolen by a student living down the hall. Because the student unlawfully entered the room, include this as one on-campus Burglary and one on-campus student housing facility Burglary. Example Two: A maintenance worker without a work order uses his keys to enter a locked on-campus office to search for something to steal. Include this as one on-campus Burglary because the maintenance worker did not have a right to be in the office at the time of the theft. He unlawfully entered the office with the intent to steal something. (Because the intent was to steal something, it’s a Burglary even if the maintenance worker leaves empty-handed.) heft of automobiles, trucks, etc. including T joyriding (taking by person without lawful access). Does not include thefts from motor vehicles. Clery Classify as Motor Vehicle Theft: Definitions: T he theft of any self-propelled vehicle that runs on land surface and not on Motor Vehicle rails, such as sport utility vehicles, automobiles, trucks, buses, Theft motorcycles, motor scooters, trail bikes, mopeds, all-terrain vehicles, self-propelled motor homes, snowmobiles, golf carts and motorized wheelchairs Clery Definitions: Motor Vehicle Theft Example One: A faculty member’s car is reported stolen from a campus parking garage and is later recovered a block off campus. Include one on-campus Motor Vehicle Theft. Arson Willful or malicious burning or the willful or malicious attempt to burn structure, vehicle, or personal property of one’s self or another Any fire that investigation determines to Clery meet the UCR definition of Arson regardless of the value of any property damage Definitions: Per 2016 Clery Handbook: Arson “Some jurisdictions have specific rules that state that a fire is not to be classified as Arson unless and until a fire marshal makes a determination of malicious burning. The Clery Act’s Arson definition does not require that any findings be made by a fire official before classifying an incident.” Some questions to ask: Was it attempted or completed? Clery What was the source of the fire? What the fire accidental or Definitions: purposely set? Arson What was damaged or destroyed? Was there an investigation to determine if an arson occurred? Clery Definitions: Arson Example One: A resident student sets fire to his couch in the quad in celebration of a school basketball victory. Investigators determine that the incident was Arson. Include this as one Arson in the non-campus category. Example Two: A student is seen setting fire to a paper advertisement on an on- campus dormitory bulletin board. Investigation determines that the student willfully set fire to the paper. Hate Crimes Any of the above crimes, any other crime causing bodily injury, and the crimes of larceny-theft, simple assault, intimidation, and destruction/damage/ vandalism of property that manifests Clery evidence that the victim was intentionally Definitions: selected because of the perpetrators bias. Hate Crimes Was there evidence... of hate motivation? and that the victim was selected because of actual/perceived race, gender, religion, national origin, disability, sexual identity or sexual orientation? The term ‘‘dating violence’’ means violence committed by a person— (A) who is or has been in a social relationship of a romantic or intimate nature with the Clery victim; and Definitions: (B) The existence of such a relationship shall Dating be determined based on the reporting party’s Violence statement with consideration of: (42 U.S.C. i. The length of the relationship ii. The type of relationship 13925(a) ) iii. The frequency of interaction between the persons involved in the relationship (i) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse Clery (ii) Dating violence does not include Definitions: acts covered under the definition of domestic violence Dating For the purposes of complying with the requirements of this section and Violence section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting Clery Definitions: Dating Violence Example One: A female student cuts her ex-boyfriend with a knife during an altercation in an on-campus dining hall. Include this as one incident of on-campus Dating Violence and one on-campus Aggravated Assault. Example Two: A female student reports that her boyfriend forced her into nonconsensual sex in her on-campus dorm room. Include one Rape in both the on-campus category and the on-campus student housing facility category, and one incident of Dating Violence in both the on- campus category and the on-campus student housing facility category. Clery Definitions: Dating Violence Example Three: After a party on campus, John walked back to his apartment in a non-campus housing complex with Matt, whom he has hooked up with a few times over the past month. When they reached John’s apartment, it became clear that Matt was angry that John had been talking with other men at the party, causing Matt to punch two holes in the wall and threaten to beat John if he sees him flirting with any other men on campus. John now fears for his safety around Matt. Include one incident of non-campus Dating Violence for the threat of physical abuse. The term ‘‘domestic violence’’ includes felony or misdemeanor crimes of violence committed by: a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a Clery child in common, by a person who is cohabitating with or has Definitions: cohabitated with the victim as a spouse or intimate partner, Dating by a person similarly situated to a spouse of the victim under the domestic or family Violence violence laws of the jurisdiction in which the crime of violence occurred OR (42 U.S.C. by any other person against an adult or youth victim who is protected from that person’s acts 13925(a) ) under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred. (DC Code includes roommates in definition of Domestic Violence). Clery Definitions: Domestic Violence (42 U.S.C. 13925(a)) Example One: An employee’s wife is waiting for her husband outside of the Mary Graydon Center. She attacks her husband with a knife when he exits the building. Include this as one on-campus incident of Domestic Violence and one on-campus Aggravated Assault. Example Two: A father argues with his son at a basketball game in the on-campus stadium. He eventually hits his son, breaking his jaw. Include this as one on-campus incident of Domestic Violence and one Aggravated Assault. Stalking The term ‘‘stalking’’ means engaging in a: Clery course of conduct Definitions: directed at a specific person Stalking that would cause a reasonable person to— (42 U.S.C. (A) fear for the person’s safety or the 13925(a) ) safety of others; or (B) suffer substantial emotional distress For the purpose of this definition— (i) Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, Clery method, device, or means-follows, monitors, observes, surveils, threatens, Definitions: or communicates to or about, a person, or interferes with a person’s property. Stalking (ii) Substantial emotional distress means (42 U.S.C. significant mental suffering or anguish that may, but does not necessarily, 13925(a) ) require medical or other professional treatment or counseling. (iii) Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered Clery a crime for the purposes of Clery Act Definitions: reporting Stalking Record each report of Stalking as occurring at only the first location (42 U.S.C. within the institution’s Clery Act 13925(a) ) geography in which either the perpetrator engaged in the Stalking course of conduct or the victim first became aware of the Stalking Clery Definitions: Stalking (42 U.S.C. 13925(a)) Example One: A female student reported that she is afraid for her safety because her ex-boyfriend has been sending harassing emails to her private email account over the past several weeks. She opened the first five emails in her off-campus apartment. However, earlier that day she opened another email on her mobile phone while walking on campus. She came directly to the Campus Police to report the behavior. The location of the ex-boyfriend when he was sending the harassing messages is unknown. Include this as one on-campus Stalking because the first incident in the course of conduct to occur on Clery Act geography was the victim reading the email on-campus. Clery Definitions: Stalking (42 U.S.C. 13925(a)) Example Two: A male student reports that his ex-girlfriend has been sending him harassing text messages. The ex-girlfriend attends another university 200 miles away. While at home over summer break, the ex-girlfriend showed up at the student’s house every day asking if he has a new girlfriend at school. Now that he has returned to school, she sends him daily text messages threatening to “check-in” on him on-campus. The ex-girlfriend sends these text messages late at night and the victim receives them when he is inside his on-campus dorm room. Include one incident of Stalking in both the on-campus category and in the on-campus student housing facility category if the male student fears for his safety as a result of this behavior. Clery Definitions: Stalking (42 U.S.C. 13925(a)) Example Three: A female student reports that she is being followed by a man she met at her job at a café off-campus. He began showing up at the café and would not leave her alone. Since then she has also noticed him following her around campus and she fears for her safety. Include this as one incident of Stalking on-campus since the first occurrence on Clery Act geography occurred when the victim noticed the perpetrator following her on-campus. A civil protection order (CPO) is a civil order from the DC Court that protects you from abuse by a current or former spouse, domestic partner, intimate/dating partner, relative (by blood or marriage/domestic partnership), housemate, someone you have a child in common with, or someone who is/was in a relationship with someone who you are/were in a relationship with. It also Resources for protects victims of stalking, sexual assault, or sexual abuse who do NOT have the type of Victims of relationship described above. Temporary (ex parte) Protection Orders Crimes: Civil A temporary protection order can be issued the day that you file your petition without the abuser Protection being present in court - (this is what is meant by an ex parte order). The judge can give you this Orders in D.C. temporary order if the judge believes that the safety or welfare of you or your household member is in immediate danger from the abuser. The first temporary protection order that you get can last up to 14 days. Once you return to court, the judge can extend the temporary protection order for an additional 14 day periods (or for a longer period if both parties consent) until the final Civil Protection Orders A final protection order can be issued by a judge after one of the following happens: There is a court hearing where you and the abuser both appear and present evidence and testimony to the judge, or There is a court hearing where only you appear -- the abuser fails to appear even though you can prove he Resources for was properly served with notice of the court date, or In court, the abuser consents to the protection order Victims of being issued. It may be possible to obtain an Emergency Temporary Crimes: Civil Protective Order (ETPO), which is good for up to 5 days. If you are in an emergency situation and wish to file for Protection an ETPO when the intake centers are not open, call the police and they will put you in contact with a SAFE Orders in D.C. advocate who will explain the process of obtaining an ETPO. The American University Police Department, Dean of Students Office, and/or the Health Promotion & Advocacy Center can assist you in filing a Civil Protection Order and support you along the way. Please note that speaking to law enforcement does not, in any way, obligate you to file for a Temporary Civil The following are reportable only if there are violations of local law which result in an arrest or referral to Student Conduct or Human Resources. In situations involving arrests and referrals, only the arrests will be counted. WEAPON LAW VIOLATION – The violation of laws or ordinances dealing with weapon Clery offenses, regulatory in nature, such as: manufacture, sale or possession of deadly Definitions: weapons. DRUG ABUSE VIOLATION– Violations of state Arrests and and local laws relating to the unlawful possession of sale, use, growing, Referrals manufacturing, and making of controlled substances. LIQUOR LAW VIOLATION–The violation of laws or ordinances prohibiting; the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; furnishing liquor to a minor or public intoxication. Clery Definitions: Arrests and Referrals Example One: In an on-campus student housing facility room three underage students and a non- student are found drinking alcohol in violation of state law. The students are referred for disciplinary action, while the non-student is given a written citation. Include three referrals for Liquor Law Violations in both the on-campus category and in the on- campus student housing facility category as well as one arrest for a Liquor Law Violation. Example Two: A party at the Berkshire Apartments, in a unit leased directly through the University, is busted, and 30 students are both arrested and referred for disciplinary action for state Liquor Law Violations by campus police. Include this as 30 on campus arrests for Liquor Law Violations. Example Three: A 21-year-old student is referred for disciplinary action for possessing a beer at an on-campus residential facility on a “dry” campus. Do not include this incident in your Clery Act statistics because no violation of the law occurred. Clery Definitions: Arrests and Referrals Example Four: A resident assistant (RA) has the duty of loading disciplinary information into an electronic database. She enters the names of 15 students who were referred for disciplinary action as a result of being at an on-campus party where there was underage drinking in violation of state law. The RA’s supervisor begins the disciplinary action process by reviewing the information in the database. She determines that five of those students were present in a location where illegal drinking took place but that these five students did not violate any liquor laws. Nothing more is done in terms of disciplinary action for those five individuals. The disciplinary process continues for the remaining 10 individuals who were at the party. Include this as 15 referrals for disciplinary action in the on-campus category because 15 students were referred for underage drinking. This section is used to detail when The CSA an incident was reported to you Disclosure This section is also used to detail when an incident occurred or is Form Part 5 alleged to have occurred Section 3: This information is used for timely Reportable warnings, the crime log and to a lesser extent statistics in the Annual and Occurred Security report To/From The CSA Disclosure Form: Part 5: Section 3: Reported and Occurred To/From The law requires that the crime be reported for the calendar year in Timing is which it was first reported to a Campus Security Authority – not Critical when it occurred, not when it was reported to police This section is used to capture if the location where the incident took place was in the control or The CSA possession of the University or any sponsored or recognized programs or Disclosure entities Form Part 5 It is important to complete this Section 4: section as best as possible as the information in this section may result Relationship to in a timely warning to the University the University community in addition to inclusion of data in the Annual Security Report The CSA Disclosure Form: Part 5: Section 4: Relationship to the University The CSA Disclosure Form: Part 5: Section 5: Incident Location This section is used to capture the name of the location where the incident took place The CSA Disclosure Form: Part 5: Section 6: Type of Location This section is used to capture the type of location where the incident took place. This information will be used to determine if or how to count the report data in the Annual Security report as well as determine if a timely warning is necessary. A crime must be reported if it occurred: On campus In on-campus student residences Importance of (even if privately owned & operated) Location Public property immediately adjacent to an accessible from campus (e.g. roads, parking lots, sidewalks) On certain off-campus property... Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is On Campus owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor). This now includes AU offices at 3201 New Mexico Avenue, NW, D.C. (SUBSET OF “ON CAMPUS” STATISTICS) Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or On Campus controlled by the institution, and is within the reasonably contiguous geographic (Resident area that makes up the campus is Facility) considered an on-campus student housing facility. This now includes the University leased apartments at 4201 Massachusetts Avenue (Berkshire Apartments). All public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the Public Property campus, or immediately adjacent to and accessible from the campus. Under the law, some off-campus locations are deemed so closely related to the University that crimes occurring at those locations are Importance of included in campus crime statistics. Location Examples: Crimes occurring at AU owned or controlled facilities “frequently used by students” These off-campus properties are termed “non- campus property,” defined by law to include: Property owned or controlled by American University Property owned or controlled by a student organization registered with American University Importance of For AU’s main campus, non-campus properties (as defined above) are the following: Location Greenberg Theatre and AU offices at 4200 Wisconsin Avenue, NW, D.C. The Brandywine building at 4000 Brandywine Street, NW, D.C. 4401 Connecticut Ave, NW Washington, DC Airlie 6809 at Airlie Road, Warrenton, VA 20187 Incidents should also be disclosed to the Clery Compliance Coordinator if they occurred in: Property (to include individual rooms and hotel rooms, etc.) leased or rented directly by the University or through a third-party on behalf of the University and is frequented by students; Property controlled by the University Importance of during short-stay "away" trips involving students and in support of the Location University's educational purposes (including research trips, study programs, and/or athletic events where the arrangements are made by the University and the space is controlled by the University). These locations are considered to be non- campus properties for the purposes of Clery. Don’t Include Crimes Not Connected to American University Examples: A student tells you about a crime that occurred at a different college before he transferred to AU; or A student reports an assault that happened while she was away from campus and not involved in a campus activity – e.g., in another state on spring break, on vacation, or at a summer job with a private company outside of AU DO Tell the Student About Reporting Options, or Refer For Help Examples: 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 University disciplinary action for this off-campus conduct. In addition, the victim is eligible for campus assistance and resources. This section should be used to document everything that was disclosed to a CSA regarding the incident. While you are not required to The CSA investigate crimes, it is important to have the basic information regarding Disclosure the incident so that an informed decision can be made on how to handle Form Part 5 the data. Nuances in what occurred can determine how to classify and respond Section 7: to reports. Narrative of ○ Ex: The theft of a laptop from a locked single occupancy dorm Incident room in which no FM work orders were placed will be counted as a Burglary. The theft of a laptop from an open area such as MGC Tavern will be counted as a Theft. The CSA Disclosure Form: Part 5: Section 7: Narrative of Incident The CSA Disclosure Form: Part 5: Section 8: Hate Crime Supplemental Information This section is used to document any specific hate or biases associated with the incident Although there are many possible categories of bias, under the Clery Act, only the following eight categories are reported: Race. A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., Clery genetically transmitted by descent and heredity which distinguish them as a Definitions: distinct division of humankind, e.g., Asians, blacks or African Americans, whites. Hate Crimes Religion. A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists. opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals. Gender. A preformed negative opinion or Clery attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female. Definitions: Gender Identity. A preformed negative opinion or attitude toward a person or group of Hate Crimes persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors. Clery National Origin. A preformed negative opinion or attitude toward a group of people based on their Definitions: actual or perceived country of birth. This bias may be against people that have a name or accent Hate Crimes associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin. Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness. 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 Clery of hatred (e.g. graffiti, comments) re: race, gender, ethnicity, religion, sexual Definitions: orientation, or disability? Hate Crimes 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 Clery Definitions: Hate Crimes Example One: For a fraternity prank, two students forcibly bring a developmentally disabled student back to their house on campus. They shave the student’s head, spelling out the word “retard” in his remaining hair. They record the incident on their cell phones and post it on the fraternity website, all the while mocking his disability and his slurred-speech protests. Include this as one on-campus Simple Assault characterized by Disability bias. Example Two: A transgender women was leaving the campus bookstore when three men walking toward her said, “Hey, what’s your problem? Huh?” She kept walking, trying to ignore them. However, as they got close, one yelled “We don’t want no she-males around here!” and a second one knocked her to the ground. Include this as one on-campus Simple Assault characterized by Gender Identity bias. Clery Definitions: Hate Crimes Example Three: Two students are walking on campus, speaking Spanish. Five other white students surround them, shove them and throw them to the ground, shouting “You’re in America. This is our country. We speak English here! Go back to your own country if you don’t like it!” Include this as two on-campus Simple Assaults characterized by National Origin. Example Four: The office of the Arab-American Student Center on the third floor of the campus student union contains both Arabic and English writing on the outside of the door. One night the office is vandalized, with anti-Arab threats and disparaging anti-Arab messages. Include this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by Ethnicity bias. Clery Definitions: Hate Crimes Example Five: Several students call the campus security office to report swastikas spray-painted on the hallway walls of an on-campus student housing facility on the floor where members of a Jewish student group live. The spray-painting follows a week of escalating tension between some Jewish and non-Jewish students over news about the Israeli-Palestinian conflict. Campus security personnel investigate and, based on the evidence, conclude that a Hate Crime was committed. Include this as one on-campus Intimidation characterized by religious bias and one on-campus student housing facility Intimidation characterized by religious bias. Example Six: Several students call the campus security office to report swastikas spray- painted on the walls in a hallway of an on-campus student housing facility. Campus security personnel investigate but cannot find conclusive evidence that the markings were bias-motivated. Do not include this incident as a Hate Crime in your Clery Act statistics. The CSA Disclosure Form: Part 5: Section 9: Signature and Contact Information This section helps determine who submitted the disclosure and provides contact information for them in the event a follow up conversation is needed Annual Security Report What Your Crime Log Disclosures Timely Warnings Are Used For Crime Statistics The American University Police Department maintains a daily crime log, which is written in an easily understood format and describes the nature of the crime, date the crime was reported, date and time the crime occurred, general location of the crime, and disposition of the complaint, if known. Reports are entered or updated within two business days after receiving the information. The log records virtually all crimes reported to the Police Daily Crime Department. There are times, however, when information may be withheld from the log. If there is clear and convincing evidence that releasing such Log information would jeopardize an ongoing criminal investigation or the safety of an individual, cause a suspect to flee or evade detection, or result in the destruction of evidence, that information may be withheld until the adverse effect is no longer likely to occur. AU’s Crime Log can be found at: https://www.american.edu/finance/publicsafety/uplo ad/2021-pdf-working-copy.pdf This publication contains information to aid in the cooperative effort of creating a safer campus. It contains specific information on safety and security, crime prevention, patrol operations and breadth of authority, policies relating to reporting crime, campus disciplinary procedures, and crime statistics for the three previous calendar years. These Annual statistics reflect reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by American University, and on Security public property that is immediately adjacent to and accessible from the campus. Report This publication is posted on American University’s website by October 1 each year. We notify all students, staff, and faculty of the website via email as well as through informational postings within the campus. You can obtain this report online at https://www.american.edu/finance/publicsafety/ann ual-security-and-fire-reports-clery.cfm In addition to AU’s statistical disclosure, weare mandated to provide “Timely Warning”to the campus community. These warnings enable AUPD toshare information with the communityabout criminal activity as well as assist inobtaining information that may help closea case. Timely The American University Police Department can Warning issue timely warnings for any Clery Act crime that occurs within our Clery geography that was: Reported to campus security authorities or local police agencies; and Is considered by AU to represent a serious or continuing threat to students and employees. Timely Warnings are issued at the discretion of the AVP of University Police and Emergency Management or his designee They can be disseminated through paper flyers, website posting (AUPD webpage) and/or e-mail Contain information regarding the criminal activity, suspect descriptions (if applicable) Timely as well as contacts and safety tips Warning Often, Timely Warnings are implemented based on information we receive from our Campus Security Authorities The sooner we know about a situation, the more helpful Timely Warnings can be REMEMBER: Let us know as soon as you know! Timely Warnings can be found at: https://www.american.edu/finance/publicsaf ety/ AU is required to immediately notify the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. An “immediate” threat as used here Emergency encompasses an imminent or impending threat Notifications The university operates a campus notification system, AU Alert, which will provide immediate text alerts and updates to students, faculty, and staff, with information and instructions, if there is an emergency. The American University Police Department will use these text alerts to notify the campus community of the nature of the emergency and procedures to follow. Some examples are: Outbreak of meningitis, norovirus or other serious illness, earthquake, gas leak, Emergency armed intruder, rioting Notifications Report all emergencies to the American University Police Department immediately at 202-885-3636 American University is dedicated to providing a safe and secure environment for its campus community. In the event of a campus-wide emergency, the university’s detailed emergency preparedness plan provides notification instructions and operating procedures at https://www.american.edu/emergency/ The Web site also contains numerous resources Emergency for emergency planning, e.g., shelter-in-place and mass-care procedures. Response Once such an emergency has occurred and the emergency preparedness plan has been activated, the Emergency Response Team (ERT) will oversee the response teams conducting recovery and restoration operations. The ERT will fulfill many operational functions during an emergency and is the primary vehicle for implementing and managing the emergency response. Thank You

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