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Copy of CLERY ACT

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Shawn Troxler

on 8 August 2017

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Transcript of Copy of CLERY ACT

CLERY ACT AND TITLE IX
"What you need to know if you are a Campus Security Authority and Responsible Employee at NC State"
Read the Fine Print:
General overview only
Contact the Office of General Counsel or University Police for detailed discussion
Clery Act? What's that?
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, or
Clery Act
Enacted in 1990 due to public outcry after Lehigh University student was raped and murdered in her dorm room in 1986
Intended to assist students and others in making informed decisions about attending or working at a particular college
What does the Clery Act require?
Collect, classify, count and report crime and fire statistics
Provide timely crime warnings and emergency notifications
Publish an annual security report
Clery requires that we gather and publish crime statistics
Many crimes, especially sexual assaults, are not reported to police
We collect this data from a wide variety of "Campus Security Authorities" (CSA)
Who are CSAs?
Four categories:
University Police
Non-police security staff
Designated officials/offices to whom/which crimes should be reported
"Officials with significant responsibility for student and campus activities"
Who are CSAs?
Defined by function not title:
Significant responsibility for student AND campus activities
Contact with students
Authority and duty to take action or respond to particular issues
Who are not CSAs?
Clerical or administrative staff
Housekeeping or Food Service staff
Faculty members with no student involvement outside of the classroom
Who is EXEMPT from the reporting requirements ?
Professional mental health counselors*
Pastoral counselors*
*As long as working within the scope of their duties at the time they receive the report
CSAs -- what do they have to do?
Report Clery crime allegations made to them in good faith
Just get the facts, experts will do the analysis and investigation
Provide the information to University Police
Report of victim can be made anonymously*
When in doubt, report it!
Clery
crimes include:
Criminal homicide
Stalking
Domestic violence
Dating violence
Aggravated Assault
Robbery
Burglary
Motor vehicle theft
Arson
Hate crimes (includes any of the above or any other-nonlisted crime motivated by hate)
Alcohol, drug, and weapons arrests and disciplinary referrals
Sexual Assaults
What do CSAs/Responsible Employees
have to report?
Clery
Crimes
Clery
Locations
Duty to Report
Location, Location, Location
A Clery crime must be reported if it occurred:
On Campus
On certain non-campus property
On public property within or immediately adjacent to campus
"Non-campus property" includes:
Property owned or controlled by NC State
Property owned or controlled by a registered student group (e.g. fraternities, sororities, etc.)
Study Abroad Programs:
Must report when:
Written agreement for housing;
Trips of longer duration; and
Frequently used by students
Short Stay-Away Trips:
Overnight;
Written agreement for housing (Hotel); and
Frequently used by students
So someone reports a crime to a CSA/Responsible Employee -- now what?
At a minimum:
-provide University Police with all relevant information to capture the statistic; and
-Make a report to the Title IX/Deputy Title IX Coordinator

If the person does NOT want to report to police, the CSA/Responsible Employee will inform her/him that they must report the incident but will not identify anyone involved*

However, you must identify the victim when reporting to the Title IX/Deputy Title IX Coordinator

The CSA/Responsible Employee can wait until the person leaves!
How can I or a CSA/Responsible Employee make a report?
Contact University Police: (919) 515-3000
Complete online form:
http://campuspolice.ehps.ncsu.edu/forms/campus-authority-incident-report/
Referrals to campus and other resources
Victims' assistance programs for Sexual or Relationship Violence and other crimes:
Student Health Services
Counseling Center
Crisis Intervention Team*
Wake County Interact
NC State Women's Center
Student Legal Services
Office of Student Conduct
*Administered by University Police
Take Home Message:
WHEN IN DOUBT . . .
REPORT IT!
For Additional Information:
Office of General Counsel
304 Holladay Hall
(919)-515-3071
ncsu.edu/general_counsel
University Police
2610 Wolf Village Way
(919)-515-3000
campuspolice.ehps.ncsu.edu/
Training Opportunities Available:
Workplace Violence Prevention Training
Domestic Violence & Stalking 101
Sexual Assault Awareness Training
Suicide Prevention Training
Bystander Intervention
*Contact Violence Prevention and Threat Management to coordinate training requests
*In certain circumstances, the university may override the person's request for confidentiality in order to meet its Title IX obligations.
How Do We Gather Crime Statistics?
CSAs = Responsible Employees under Title IX
Title IX? What's That?
Title IX prohibits discrimination on the basis of sex in education programs or activities
Sexual harassment,
which includes sexual violence,
is a form of sex discrimination prohibited by Title IX
What does Title IX require?
NC State must respond promptly and effectively to reports of sexual violence (including sexual assault, relationship violence, stalking, and retaliation)
Once it receives a report of sexual violence, the university must:
-investigate
-eliminate any misconduct that occurred
-prevent its recurrence and address its effects
How Do We Receive Reports of Sexual Violence?
Most acts of sexual violence are never reported to the police
Victims of sexual violence are more likely to report the incident to "Responsible Employees"
Who are Responsible Employees?
have authority to take action to redress sexual violence;
have been given a duty of reporting incidents of sexual violence; or
a student could reasonably believe has this authority or duty

University Employees who:
What do Responsible Employees have to do?
Report acts of sexual violence to NC State's Title IX Coordinator
Remember:
Just get the facts, let the experts handle the investigation
Reports must identify the victim, but OIED will handle the reports confidentially
or
Cashier's Office/Office of Scholarships and Financial Aid
Title IX
Applies both On- and Off-Campus
Must respond to acts of sexual violence that occur in the context of the university's educational programs and activities
Also where the acts, even off-campus, have continuing adverse affects on-campus

*For more information visit NC State's Title IX website at:
oied.ncsu.edu/titleix/
Office for Institutional Equity & Diversity
231 Winslow Hall
(919) 515-3148
oied.ncsu.edu/
Remember:
You must report regardless of the victim's affiliation with the university--Clery and Title IX are not victim specific

You must report acts of sexual violence regardless of where they occur
Contact OIED:
or
Complete online form:
https://oied.ncsu.edu/safe/file-a-report/
Full transcript