Safety and Security

1. Safety and Security Higher Education Act, the Clery Act: Existing Regulations Regarding School Safety Nov. 27, 2018

2. Agenda • The Clery Act: What’s at Stake? • What You Need to Know About the Act. • What Can Be Done to Protect Your Institution.

3. The Clery Act: What’s At Stake?

4. Let’s Talk: A Few Examples of What’s at Stake • Penn State University • Ohio State University • University of Southern California This Photo by Unknown Author is licensed under CC BY

5. Taking Action of Security is the Key Secure your campus and your reputation by being proactive, not reactive.

6. What You Need To Know About the Clery Act

7. What Do We Know about Campus Security Authorities (CSAs)? • What are CSAs? • What do CSAs do?

8. Campus Security Authorities (CSAs) are... • Individuals who have significant responsibility for students and campus activities; • Anyone who has been assigned a set of specialized mandates to which they are required to adhere under the Clery Act; • Individuals or organizations to whom the campus community is directed to report criminal incidents.

9. Examples of CSAs On Your Campuses

10. The Answers That Every CSA Needs To Have • What constitutes a crime? • What does it mean to have a crime “reported” to me? • What does it mean that I have to “report” that crime? • To whom am I to report that crime? • How am I to report that crime? • What am I to do after I’ve reported that crime? Am I now required to investigate it?

11. And what if…? • What if I don’t believe that the crime that was reported to me actually happened? Am I still to report it? • What if I do believe that the crime actually happened – am I to confront the accused? • What if the person who reported the crime to me comes back to say, “Never mind, I don’t want to report.” Then what do I do? • What if the person who is alleged to have perpetrated the initial crime comes to me to report that s/he was actually the victim of that crime? What do I do then?

12. What’s Happening on Your Campus? Activity • How many CSAs do your campuses have, on average? • How do you notify CSAs of their responsibilities? • What proof do you have that your CSAs have been notified? • How are your CSAs trained? • Discuss these questions at your table. • When you are done, write your answers on the nearest flip chart. • Appoint a spokesperson to speak for your table.

13. The Successful Campus Security Program • Having a notification process and ensuring that CSAs know how to carry out their duties are at the heart of a successful campus safety program. • Students who have been the victims of crimes are more likely to confide in someone they know: an RA, a professor, a coach. • CSAs are the pipeline through which crimes impacting your campus community are appropriately recorded and addressed.

14. Clery Act Requirements Disclosure of the following crime statistics for the three most recent calendar years: • Criminal Homicide, Manslaughter • Rape, Fondling, Statutory Rape, Incest • Robbery, Aggravated Assault, Burglary • Motor Vehicle Theft • Arson

15. Additional Requirements • Institutions must disclose arrests for liquor law violations, drug law violations, and illegal weapons possession. 34 C.F.R. §668.46(c)(1)(viii). • Institutions must compile crime statistics using the definitions of crimes provided in Appendix A to Subpart D of the Department’s General Provisions Regulations. 34 C.F.R. §668.46(c)(7). This Photo by Unknown Author is licensed under CC BY-NC-ND

16. Most Common Clery Act Violations • Errors in identifying and classifying reported crimes • Identification and disclosure errors, commonly referred to as “under-reports” • Improper use and/or application of the “unfounded” classification • Persistent record keeping weaknesses • Systemic Clery Act and UCR compliance failures • Lacking in Administrative Capability

17. Administrative Capability • To participate in any program authorized under Title IV, an institution must demonstrate that it is capable of adequately administering the program under the standards established by the Secretary: • employ “an adequate number of qualified persons.” • ensure that program activities are undertaken with appropriate “checks and balances in its system of internal controls.” • “has written procedures for, or written information indicating the responsibilities of, the various offices with respect to . . . the preparation and submission of reports to the Secretary.”

18. Demonstrating Administrative Capability • Policies and procedures for identifying all of your CSAs. • Policies for requesting and compiling statistics of all Clery-reportable crime that are reported to any CSA or other official or office. • Policies and procedures must address access, communication, and coordination of campus crime statistics and information by and among institutional officials. • Formal system for requesting, receiving, and compiling crime reports from CSAs so that an accurate number of reported crimes can be included in its official campus security statistics.

19. Demonstrating Administrative Capability • Policies and procedures for identifying all of your CSAs. • Policies for requesting and compiling statistics of all Clery-reportable crime that are reported to any CSA or other official or office • Policies and procedures must address access, communication, and coordination of campus crime statistics and information by and among institutional officials • Formal system for requesting, receiving, and compiling crime reports from CSAs so that an accurate number of reported crimes can be included in its official campus security statistics.

20. Demonstrating Administrative Capability (continued) • School police/campus safety department Daily Crime Logs must contain: • Date crime was reported • Date and time crime occurred • Nature of crime • General location of crime • Disposition of the complaint, if known • DO NOT DELETE AN ENTRY ONCE MADE, UPDATE IF NEEDED • An entry, or any changes/updates must be recorded within 2 business days of the report • The crime log must be kept up to date and accessible to any requestor during normal business hours

21. Demonstrating Administrative Capability (continued) • How Do You Demonstrate Administrative Capability on your campus?

22. Timely Warnings Institutions are required to issue Timely Warnings to the entire campus community to inform students and employees about Clery-reportable crimes that constitute an ongoing threat to students and employees.

23. Case 1: Reasonable or Not? Discussion • Student shot outside of dormitory located on your campus’ Clery geography. • When campus security officers arrive, the student advises that he and the perpetrator have been engaged in a long running feud involving a gambling debt. • Campus Director of Public Safety decides that a Timely Warning is not necessary. • Was the decision reasonable or not reasonable, and why?

24. Case 2: Reasonable or Not? • Pizza delivery man is ambushed, knocked to the ground, beaten, and robbed of $47 cash by 3 masked men with firearms at an unoccupied home on your Clery geography • Campus security officers find delivery man bloodied, fading in and out of consciousness • Ambulance arrives and transports him to the hospital • Officers conduct a search for witnesses and security cameras, finding neither • Officers return to headquarters to speak with the Lieutenant • Lieutenant and Director of Public Safety are briefed • The Director advised that no Timely Warning will be sent until a better description of the suspects is obtained • Was the decision reasonable or not reasonable, and why?

25. The Cost of Clery Violations • The overwhelming majority of Penn State’s fine had nothing to do with Jerry Sandusky or Joseph Paterno at all. • In fact, the large majority of that $2,375,000 fine was attributed to the school’s non-compliant crime reporting, including: • Over $1.5 MILLION IN FINES for Drug Abuse/Liquor Law/Drug Abuse violations omitted from its 2008, 2009, 2010, and 2011 ASRs. • Sandusky and Paterno were the impetus for the program review, but, once the Department was able to conduct an audit of Penn States records, the issues therein are what ended up costing the school as much as it did.

26. What You Can Do?

27. Clery Act: It’s Your Responsibility • Set forth a culture of expectation and compliance: • Proper oversight of your campus safety/security department. • Ensure that: • Campus safety/security department understands the consequences of failing to follow Clery Act rules. • Daily Crime Logs are properly maintained and updated in a timely manner by school police or campus safety department. • Annual Security Report (ASR) is timely, comprehensive, and compliant.

28. Share Your Best Practices • What are some strategies you are using to ensure Clery Act compliance ?

29. Additional Clery Act Strategies

30. Questions?