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Lisa Carickhoff February 2013. Jeanne Clery was raped and murdered while asleep in her dorm room at Lehigh University in 1986. She was murdered by another.

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Presentation on theme: "Lisa Carickhoff February 2013. Jeanne Clery was raped and murdered while asleep in her dorm room at Lehigh University in 1986. She was murdered by another."— Presentation transcript:

1 Lisa Carickhoff February 2013

2 Jeanne Clery was raped and murdered while asleep in her dorm room at Lehigh University in 1986. She was murdered by another student who had entered her dorm through three propped doors. Her parents discovered that there had been numerous reports of propped doors and there had been 38 violent crimes in the three years prior to her murder at Lehigh and they believed she would have been more cautious if she had known about the other violent crimes at Lehigh. The law enacted in her memory is intended to ensure that students and other campus community members are informed about campus crime so they can make informed decisions. Jeanne Clery November 23, 1966 April 5, 1986 James Madison University

3 Institutions must collect, classify and count crime reports and crime statistics. Provide emergency notification and evacuation procedures. Issue a timely warning for any Clery Act crime that represents an ongoing threat to the safety of students or employees. (May give timely warning to non-Clery crimes) Issue an emergency notification upon the 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. James Madison University

4 Issue campus alerts to provide the campus community with information necessary to make informed decisions about their health and safety. Publish an annual security report and fire safety report (by Oct 1 of each year) containing safety and security-related policy statements and crime statistics and distribute it or advise where to locate it electronically to all current students and employees. Schools also must inform prospective students and employees about the availability of the report. Provide missing student notification procedures. Create, maintain and make available a crime log and fire log. Have established policies and procedures to ensure safety. Submit statistics to the Department of Education. James Madison University

5 Although every institution wants its campus community to report criminal incidents to law enforcement, we know that this doesnt always happen. Even at institutions with a police department on campus, a student who is the victim of a crime may be more inclined to report it to someone other than the campus police. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be "campus security authorities. Data is collected from a wide variety of Campus Security Authorities to provide the most accurate crime statistics possible." James Madison University

6 The Clery Act requires the institution to identify individuals and organizations that meet the definition of a campus security authority. Dean of Students Athletic directors, coaches and assistant coaches James Madison University Police Student Unions Judicial Affairs Office of Residence Life Parking Services Office of Equal Opportunity Counseling and Student Development Orientation Vice Presidents, Deans, and Directors Title IX Coordinator The Clery Act requires all institutions to collect crime reports from campus security authorities. James Madison University

7 The law defines four categories of Campus Security Authority: University Police Non-police security staff responsible for monitoring university property, monitoring events, and providing escorts to include contract security and students. People/offices designed under our policy as those to whom crimes should be reported. These include the Office of Judicial Affairs, the Dean of Students and the Ombudsperson. Officials with significant responsibility for students and campus activities. Official is defined as any person who has the authority and duty to take action and respond to particular issues on behalf of the institution. James Madison University

8 Campus Police Department Officials with significant responsibility for student and campus activities Campus Security Authorities Individuals/Departments who are designated to receive crime reports Non-Police Security Staff (individuals monitoring events) Who is a Campus Security Authority? Outside Police Agencies

9 Define by function, not title Because official responsibilities and job titles vary significantly on campuses, a list of specific titles is not provided in the regulations. To determine specifically which individuals or organizations are campus security authorities for your institution, consider the function of that individual or office. James Madison University

10 Individuals may be designated as Campus Security Authorities based on whether they perform the following functions: Their official job responsibilities involve significant interaction with students and/or campus activities; They serve as informal or unofficial mentors to students; They serve as a member in an office or of a committee to whom students are instructed and informed to report or discuss crimes, allegations of crimes, and other troubling situations, and/or They have oversight for disciplinary procedures. James Madison University

11 Officials of the institution with significant responsibility for student and campus activities (Vice Presidents, Deans, Directors, etc.), including but not limited to the areas of Student Affairs Dean of Students Ombudsperson Counseling and Student Development Multicultural Student Services University Health Center and affiliates Judicial Affairs Residence Life (to include student resident advisors and hall directors) University Unions University Recreation (to include team sports and recognized clubs0 Student Withdrawal Career and Academic Planning Community Service Learning James Madison University

12 Disability Services Orientation Athletic directors, coaches and assistant coaches Coordinator of Greek Affairs Marching Band Director Human Resources Director Military Science Cadre Faculty or staff advisors to student organizations or those that serve as formal or unofficial mentors to students Office of Equal Opportunity Title IX Coordinator Director of Parking and the manager of parking field operations Administrators who oversee branch campuses and the Washington Semester Coordinator James Madison University

13 Faculty members who are not advisors of student groups, i.e. no responsibility for student or campus activities beyond the classroom. Support/Administrative Staff Clerical Secretaries Receptionists Facilities Staff Plumbers Electricians Food Service Workers Cashiers Cooks James Madison University

14 You may have significant responsibility for Student and Campus Activities BUT... YOU DO NOT HAVE TO REPORT IF: You are a licensed mental health counselor or a pastoral counselor (employed by a religious organization to provide confidential counseling) AND… You are working within the scope of your license or religious assignment. Student Health Center Clinicians who only provide care to individual students. Counselors in the Counseling center who only provide care to individual students. James Madison University

15 JMU encourages professional and pastoral counselors, although not required to report crimes, to tell victims about the Confidential Reporting Process. The counselor must make a judgment call- Is it appropriate to discuss crime reporting in this particular situation? Confidential Reporting Process: Victims can report crimes confidentially (no names or criminal investigation) to the anonymous website Silent Witness For this information to be included in crime statistics, however, enough information has to be given to determine a crime has occurred. James Madison University

16 To report allegations made in good faith to the reporting structure established by the institution. 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. James Madison University


18 1. Is the crime a Clery reportable crime? 2. Did the crime occur in a Clery reportable geographic area? 3. Was the crime previously reported to a Campus Security Authority? Police? Judicial Affairs? Residence Life? James Madison University

19 The 9 Clery crimes Criminal homicide – murder/non-negligent manslaughter negligent manslaughter Sex offenses - forcible – rape, sodomy, sexual fondling and sexual assault with object - non-forcible –statutory rape and incest Robbery Aggravated assault Burglary Motor vehicle theft Arson Hate crimes Arrests & disciplinary referrals for violations of liquor, drug, & weapons laws James Madison University

20 Murder and Non-negligent Manslaughter – The willful (non- negligent) killing of one human being by another. Negligent Manslaughter – The killing of another person through gross negligence. Sex Offense Forcible (F) – Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent: forcible rape; forcible sodomy; sexual assault with an object; and forcible fondling. Sex Offense Non Forcible (N) – Unlawful, non-forcible sexual intercourse: incest; statutory rape. Robbery - - The taking or attempting to take 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 James Madison University

21 Aggravated Assault – An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary for an injury to result when a gun, knife or other weapon is used in the commission of the crime. Burglary – The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. Motor Vehicle Theft – The theft or attempted theft of a motor vehicle report (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding.) Arson – Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc. James Madison University

22 Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race; religion; gender; sexual orientation; ethnicity or physical/mental disabilities. This includes murder and nonnegligent manslaughter, negligent manslaughter, forcible sex offenses, nonforcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, and also larceny-theft, simple assault, intimidation, and destruction/damage/vandalism. Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (Currently, this crime category only applies to hate crimes.) Larceny-Theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Currently, this crime category only applies to hate crimes.) Destruction/Damage/Vandalism of property - To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. (Currently, this crime category only applies to hate crimes.) Intimidation – To intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm. James Madison University


24 Dating Violence – The term dating violence means violence committed by a person- who is or has been in a social relationship of a romantic or intimate nature with the victim; where the existence of such a relationship shall be determined based on a consideration of the following factors: The length of the relationship The type of relationship The frequency of interaction between the persons involved in the relationship. James Madison University

25 Domestic Violence -The term domestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or by any other person against an adult or youth victim who is protected from that persons acts under the domestic or family violence laws of the jurisdiction. Stalking – The term stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress. James Madison University

26 Liquor Law Violation – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence. Drug Law Violation – Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include; opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone(s); and dangerous non-narcotic drugs (barbiturates, Benzedrine). James Madison University

27 Weapon Law Violation – The violation of laws or ordinances prohibiting the manufacturing, sale, purchase, transportation, possession, concealment, use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons. This classification encompasses weapons offenses regulatory in nature; manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing,etc. silencers; furnishing deadly weapons to minors, aliens possessing deadly weapons; and attempts to commit any of the above. Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action.

28 A crime must be reported if it occurred: On campus (see Map ) On campus, in residence halls Public Property - on public property within or immediately adjacent to campus (see Map) Non-Campus - in or on non-campus property owned or controlled by the University or a recognized student organization Clery map can be found at /pubsafety/wm_library/Clery_Boundary-2011.pdf /pubsafety/wm_library/Clery_Boundary-2011.pdf James Madison University

29 For Example JMU Residence Halls, Administrative Buildings, parking lots on campus and other buildings on campus For Example Fraternities Alpha Epsilon Pi 1343 South Main Street Alpha Tau Omega 24 South Ave. Delta Chi 485 South Mason Kappa Alpha 512 South Main Street Theta Chi 321 East Elizabeth Street Tau Kappa Epsilon 415 North Liberty Street Phi Gamma Delta 473 Mason Street Tau Kappa Epsilon 415 North Liberty Street Pi Kappa Phi 205 Newman Avenue VA Sigma Phi Epsilon 520 South Federal Street Sigma Chi 725 South Main Street VA Sigma Nu 660 Walnut Lane Campus Ministries Baptist Student Center 711 South Main Street Canterbury Episcopal Ministry 741 South Main Street Catholic Campus Ministries 1052 South Main Street Lutheran-Presbyterian Campus 741 South Main Street Ministries Wesley Foundation 690 South Mason Street Campus Crusade for Christ 610 South Main Street WMRA Radio Station 983 Reservoir Street JMU Farm House 8399 Alumnae Drive Port Republic VA JMU Farm Pavilion 8398 Alumnae Drive Port Republic VA

30 James Madison University m_library/Clery_Boundary_2012091 1-11x17.pdf To View Map In Greater Detail go to

31 Remember it must be a Clery crime on Clery geography. DO NOT REPORT CRIMES IF Location is not connected to JMU for example: A person tells you about a crime that occurred before he/she came to JMU; OR While he/she was away from campus and not involved in a JMU activitye.g., at home or on spring break; In these cases…. Please provide the student with reporting options and/or referrals for help. James Madison University

32 First and most importantly Is a violent situation in progress? Is there imminent danger to the victim or others? Is it an emergency or crime in progress? Is medical treatment needed for serious injury? If so……... Contact JMU POLICE Immediately JMU POLICE 568-6911 If a serious crime that may cause an ongoing threat to the JMU community is reported to anyone who is defined as a Campus Security Authority, that individual should not wait until the end of the year to report that incident to the JMU Police Department. The institution has a responsibility to notify the campus community about any crimes which pose an ongoing threat to the community, and as such, Campus Security Authorities are obligated by law to report crimes immediately to the JMU Police Department. If there is any question about whether an ongoing threat exists, the police department to discuss the matter further. James Madison University

33 Record the information and submit a report. Be sure to document… When the crime or incident occurred and when it was reported to you because the law requires that the crime be reported for the calendar year in which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to police by a CSA. Remember the police will categorize the report: your job is to get the information the person wants to tell you. You are not a detective. You dont have to prove what happened or who was at fault. You arent supposed to find the perpetrator. You DONT have to identify the victim. James Madison University



36 Questions to ask reference Non-Forcible sex offenses: Is the victim related to the suspect(s)? How old is the victim and how old is suspect(s)? Questions to ask reference Aggravated Assault: Did the suspect(s) unlawfully attack the victim for the purpose of inflicting severe bodily injury? Was a weapon used? If so, what type of weapon? Was the victim injured? If so, describe the injury(s). James Madison University

37 Questions to ask reference robbery: Did suspect(s) take or attempt to take anything of value from the care, custody, or control of the victim? Did the suspect(s) take the property by force, threat of force or violence? Did victim feel fearful, threatened or endangered? Questions to ask reference burglary: Was there evidence of unlawful entry (trespass)? Was there unlawful entry into a structure? Was there evidence that the unlawful entry was made with the intent to commit a felony or theft? Was item taken from inside residence hall, office, or other structure? Was the structure open, closed, or locked? How did the perpetrator get into the structure/room? James Madison University

38 Questions to ask reference a hate crime: Was the target personal property, a personal residence, house of worship, or ethnic organization? Did the incident involve any expression of hatred (e.g. graffiti, comments) re: race, gender, ethnicity, religion, sexual orientation or disability? Did any personal injury result from the incident? Report any vandalism to property a religious, ethnic, gay or lesbian organization as a hate crime. James Madison University

39 Provide the person with information on: Reporting to campus police or if the incident happened off campus the local police. Campus programs for assisting victims of sexual and /or other forms of assault. Procedures for seeking medical help. Counseling and Psychological Services. James Madison University

40 Record the information on the crime statistic form which can be located at James Madison University Do these allegations have to go through a hearing, or the individual be disciplined, before they are eligible for Clery Act reporting statistics? NO!! Just as is with crime reporting, violations eligible for disciplinary actions only have to be reported to the CSA to be counted in the crime statistics report. The CSA must then report the statistic to the JMUPD Forward them to Officer Carickhoff Clery Compliance Officer 821 South Main Street MSC 6810 Harrisonburg, VA 22802 or FAX to JMU Police Clery Compliance Officer at 540-568-7926 or email to

41 Ex. A coach is required to report a sexual assault that is reported to him/her… Ex. A faculty advisor refers a student to Judicial Affairs regarding an alleged drug violation that he/she becomes aware of through a member of his/her student organization… Ex. A person working as an access monitor is required to report a burglary that is reported to him/her while working the desk.. Ex. An RA is told by a female student that she was forcibly raped by an unidentified male while jogging along a campus trail… James Madison University

42 Ex. An assistant dean of students is required to report a suspicious fire that could potentially be classified as an arson… Ex. The Director of Athletics is required to report a rape that was reported to him/her by the parent of a victim involving one of his/her athletes who may be the perpetrator… Ex. An HD is told by a female student that her ex- boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol… James Madison University

43 Police must keep statistics on the number of people arrested or cited for liquor, drug and weapon law violations. Student housing and student judicial affairs officers must keep statistics on the number of people referred for disciplinary action for liquor, drug and weapon law violations. Statistics must reflect the total number of persons involved, not incidents. (head count) James Madison University

44 A suspension or limiting of the institutions Title IV funding The institutions name will be provided to Congress by the Secretary of ED ED can issue civil fines up to $35,000 per violation Final Review Determination Reports are public record The institution will received negative media attention and.. Failure to comply with the Clery Act can be used in court to demonstrate an indifference to security issues during a premises security liability litigation. James Madison University

45 Clery Compliance Officer: Lisa Carickhoff Telephone 540-568-6769 Fax Resources for learning more Security on Campus U.S. Department of Education 2011 Handbook for Campus Safety and Security Reporting James Madison University

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