Clery Act Compliance Policy

Administrative Procedure 3.104

ECC is committed to maintaining a safe and secure environment for its faculty, staff, students, and visitors. Requirements have been established to assist ECC in complying with the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998", (commonly referred to as the “Clery Act”) thereby facilitating compliance with the Clery Act and increasing overall safety on and near campus.

To maintain a safe and secure environment for its employees, students, and visitors and as a recipient of federal financial aid, ECC will comply with the provisions of the "Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998" (Clery Act) as amended. The Clery Act requires ECC to report specified crime statistics on and near the Campus and to provide other safety and crime information to the Campus community. Interpretation of the Clery Act is regularly refined by guidance from the U.S. Department of Education. Therefore, this policy provides guidance to maximize ECC’s efforts to comply with the Act. When in the judgment of the Clery Act Compliance Coordinator, ECC is required to deviate from this policy to satisfy new guidance, the Coordinator is empowered, with the approval of ECC’s Cabinet, to issue a modified draft policy which will be followed pending approval of revisions to this policy.

Requirements of the Clery Act

Specifically, ECC will:

Publish an Annual Security Report (ASR)

By October 1st each year, ECC will publish an ASR documenting three calendar years of Clery crime statistics, security policies and procedures and information on the basic rights guaranteed to victims of sexual assault. All crime statistics must be provided to the U.S. Department of Education.

This report must be made available to all current faculty, staff, and students. In addition, prospective faculty, staff, and students must be notified of the ASR’s existence and provided a copy upon request. Paper copies of the report will be available upon request from the ECC Police Department (ECCPD). In addition, the Office of Admissions and Human Resources will publish a link to the ASR with a brief description on their respective websites.

Identify, Notify, & Train Campus Security Authorities (CSAs)

ECC will identify positions that meet the definition of a CSA on an ongoing basis, and notify individuals in these roles of their obligations under the Clery Act to report any and all Clery Crimes that they witness, or are reported to them, which may have occurred in a Clery reportable location. ECC will provide training to all CSAs on their responsibilities and reporting requirements under the Clery Act. ECC will provide such training on a regular basis.

Common examples of CSAs include (but are not limited to):

• Academic Advisor
• Athletic Directors and Coaches
• Deans and Associate Deans
• Director of Emergency Management
• Faculty advisors to student organizations
• Police and Security personnel
• Student Services
• Title IX Coordinators

Disclose Crime Statistics

Crime Statistics for incidents that occur in Clery reportable locations must be disclosed.

The Clery Act Compliance Coordinator is responsible for gathering crime statistics from ECCPD, student affairs, local law enforcement and other Campus Security Authorities (CSAs).

The Clery Act requires reporting of crimes in the following categories:

A. Criminal Offenses:

1. Criminal Homicide
   1. Murder & Non-negligent manslaughter
   2. Negligent manslaughter
2. Sex Offenses
   1. Rape
   2. Fondling
   3. Statutory Rape
   4. Incest
3. Robbery
4. Aggravated Assault
5. Burglary
6. Motor Vehicle Theft
7. Arson

B. Violence Against Women Reauthorization Act of 2013 (VAWA) Offenses:

1. Domestic Violence
2. Dating Violence
3. Stalking

C. In addition to the aforementioned crime categories, ECC must gather statistics for the following categories of arrests or referrals for disciplinary action if an arrest was not made:

1. Liquor Law Violations
2. Drug Law Violations
3. Carrying or Possessing Illegal Weapons

D. ECC must also report the following Hate Crimes by category of prejudice, including race, gender, religion, sexual orientation, ethnicity, national origin, gender identity and disability. Statistics are required for the offenses listed above in addition to the four additional categories listed below, if the crime committed is classified as a Hate Crime:

1. Larceny/Theft
2. Simple Assault
3. Intimidation
4. Destruction/Damage/Vandalism of Property

E. ECC must also disclose if it has determined that any of the previously listed crimes are "Unfounded." The Clery Act has specific guidelines for classifying a reported offense as "Unfounded."

Issue Timely Warnings

ECC must provide timely warnings about the Clery Act crimes which pose a serious or ongoing threat to the campus community. ECCPD, the Senior Director of Emergency Management, and/or other college administrators are responsible for confirming the presence of an emergency situation that requires a timely warning. Because the nature of criminal threats is often not limited to a single location, timely warnings must be issued in a manner likely to reach the entire Campus community. Timely Warnings may be issued for Clery crimes occurring in Clery reportable locations. Timely warnings will never identify the victim of the crime.

Exception: Crimes that would otherwise be reportable but are reported to a licensed mental health counselor or pastoral counselor, in the context of a privileged (confidential) communication, are not subject to the timely warning requirement.

Issue Emergency Notifications

ECC is required to inform the campus community about a significant emergency event or dangerous situation involving an immediate threat to the health or safety of ECC employees, students, patients and visitors occurring on or near campus. An emergency notification expands the definition of timely warning as it includes both Clery Act crimes and other types of emergencies (e.g., fire, infectious disease outbreak, etc.). Emergency events may be localized; therefore notifications may be tailored exclusively to the segment of the campus community at risk.

ECC also must have emergency response and evacuation procedures in place specific to its On-Campus facilities. A summary of these procedures must be disclosed in the ASR. Additionally, the emergency response procedures must be tested at least once annually.

Exception: Emergencies where issuing a notification would compromise efforts to assist a victim, contain the emergency, respond to the emergency or mitigate the emergency are not subject to the emergency notification requirement.

Maintain a Public Daily Crime Log

ECC must maintain a daily crime log documenting the “nature, date, time and general location of each crime” reported to ECCPD within the last 60 days, and the disposition, if known, of the reported crimes. Incidents must be entered into the log within two business days of receiving the report. The Daily Crime Log is available at ECCPD located in D-140, during normal business hours. Requests for public inspection of daily crime log entries beyond 60 days must be made in writing and will be made available within two business days of the request.

Responsibilities

1. The Clery Act Compliance Coordinator is responsible for:
   • Monitoring ECC’s compliance with the Clery Act;
   • Updating the requirements in this policy as necessary when the federal legislation has been amended;
   • Annually reviewing geographic categories for inclusion;
   • Establishing a procedure for processing instances of short-stay away trips in order to designate a CSA to disclose any Clery crimes reported during the trip to be included in the ASR;
   • Identifying those positions with CSA responsibilities and notifying those individuals;
   • Maintaining a list of ECC’s CSAs;
   • Developing procedures for reporting crime statistics by CSAs;
   • Educating and training CSAs, and personnel within ECCPD and Student Affairs as necessary;
   • Publishing the ASR and disclosing statistics of Clery Crimes reported over the past three years;
   • Maintaining and publishing ECC policies and procedures addressing campus security and safety; and
   • Submitting the crime statistics to the U.S. Department of Education. Convening and chairing a Clery Act Compliance Committee identified by ECC;and
   • Overseeing the regular reconciliation of campus crime data amongst offices that house significant numbers of campus crime reports, including ECC’s Title IX, Student Services, and Human Resources offices.
2. ECCPD is responsible for:
   • Reporting crime statistics (as specified in the Clery Act);
   • Providing information for the issuance of timely warning alerts to the Campus community about Clery Crimes;
   • Annually, requesting in writing crime statistics from local law enforcement with jurisdiction over the ECC’s Clery geography;
   • Compiling and providing to the Clery Act Compliance Coordinator, statistics of reports of Clery Crimes reported to ECCPD;
   • Monitoring criminal activity at off-campus locations of student organizations officially recognized by the ECC;
   • Providing paper copies of the Annual Security Report upon request; and
   • Maintaining the daily crime log.
3. Campus Security Authorities are responsible for:
   • Understanding the requirements of the Clery Act pertaining to reportable crimes;
   • Undergoing training and education as determined by the Clery Act Compliance Coordinator; and
   • Immediately reporting Clery crimes to ECCPD.
4. Offices of Student Services:
   • Immediately reporting any Clery Act related crime to ECCPD for a Timely Warning consideration; and
   • Annually, providing all conduct referral data to the Clery Act Compliance Coordinator for inclusion in the Annual Security Report.
5. Student Life is responsible for:
   • Ensuring the availability of Clery Act defined awareness and prevention programming for all students. Such programming will be part of ECC’s awareness and prevention campaign. This programming will be identified, provided or facilitated in collaboration with campus and local subject matter experts, other evidence-based research, and outcomes assessments satisfying the Clery Act requirements and definitions.
   • Providing the Clery Act Compliance Coordinator with a list of advisors to campus recognized groups, clubs, and organizations; and ensuring each of these advisors has completed Campus Security Authority training.
6. Emergency Management is responsible for:
   • Coordinating emergency notifications to the Campus community when deemed necessary and appropriate; and
   • Conducting an annual emergency alert exercise and test the emergency alert system in conjunction with the exercise.
7. Admissions is responsible for:
   • Notifying and providing the on-line location of the ASR and a brief description of the report to prospective or current students; and
   • Providing a paper copy of the ASR upon request to a prospective or current student.
8. Teaching, Learning, and Student Development is responsible for:
   • Providing curricular and co-curricular travel documentation to the Clery Act Compliance Coordinator for assessment of Clery Act non-campus property reporting obligations.
   • Ensuring staff in key Campus Security Authority roles are familiar with the requirements of the Clery Act.
   • Providing the Clery Act Compliance Coordinator with all academic locations each semester to determine the applicability of the Clery Act at those locations.
9. Human Resources is responsible for:
   • Notifying and providing to prospective faculty and staff the on-line location of the ASR and a brief description of the report;
   • Providing a paper copy of the ASR upon request to a prospective or current faculty or staff member;
   • Immediately reporting any Clery Act related crime to ECCPD for a Timely Warning consideration; and
   • Annually, providing all conduct referral data to the Clery Act Compliance Coordinator for inclusion in the Annual Security Report.
10. Athletics is responsible for:
    • Immediately reporting any Clery Act related crime to ECCPD for a Timely Warning consideration; and
    • Annually, providing all conduct referral data to the Clery Act Compliance Coordinator for inclusion in the Annual Security Report.
    • Providing travel documentation to the Clery Act Compliance Coordinator for assessment of Clery Act noncampus property reporting obligations.
    • Ensuring staff in key Campus Security Authority roles are familiar with the requirements of the Clery Act.
11. Title IX is responsible for:
    • Immediately reporting any Clery Act related crime to ECCPD for a Timely Warning consideration; and
    • Annually, providing aggregate Clery reportable data to the Clery Act Compliance Coordinator for inclusion in the Annual Security Report.

Glossary

Campus Security Authority (CSA): Individuals at ECC who, because of their job function at ECC, have an obligation under the Clery Act to notify ECCPD of alleged Clery Crimes that are reported to them in good faith, or alleged Clery Crimes that they might personally witness. These individuals, by virtue of their position due to official job duties, ad hoc responsibilities, or volunteer engagements, are required by federal law to report crime when it has been observed by or reported to them by another individual. These individuals typically fall under one of the following categories:

1. A member of a campus police/security department.
2. Individuals having responsibility for campus security in some capacity, but are not members of a campus police/security department (e.g., an individual who is responsible for monitoring the entrance to ECC property).
3. People or offices that are not members of a campus police/security department, but where policy directs individuals to report criminal offenses to them or their office.
4. Officials having significant responsibility for student and campus activities, including but not limited to, student discipline and campus judicial proceedings.

Official: Any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.

Common examples of CSAs include (but are not limited to):

• Academic Advisor
• Athletic Directors and Coaches
• Deans and Associate Deans
• Director of Emergency Management
• Faculty advisors to student organizations
• Police and Security personnel
• Student Services
• Title IX Coordinators

CSAs are determined by criteria established in the United States Department of Education's The Handbook for Campus Safety and Security Reporting, pgs. 74-81 (Feb. 28, 2011).

Clery Act Crimes (Clery Crimes): Crimes required by the Clery Act to be reported annually to the ECC community, including criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that are motivated by bias); dating violence; domestic violence; stalking; and arrests or referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying or possessing illegal weapons.