6.18 Clery Policy

 
I. Purpose

The purpose of this policy is to outline roles and responsibilities for compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, 20 U.S.C. § 1092 (hereinafter the “Clery Act”).

 This policy establishes the Clery Act compliance infrastructure and provides a structured and consistent process for oversight, policy and procedure review, and appropriate training and education for Clery Act awareness and compliance.

II. Scope

This policy applies to all members of the campus community. The campus community includes all faculty, administrators, staff including student workers, students, alumni, interns, and volunteers.

III. Clery Definitions

A.       Campus Security Authority (CSA) – A Clery Act-specific term that encompasses four groups of individuals and organizations associated with an institution. Specifically, (1) a campus police or security department of an institution; (2) any individual(s) who have responsibility for campus security but who do not constitute a campus police or security department; (3) 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; (4) and an official of an institution who has significant responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings.

B.       Clery Act Crimes – Crimes required by the Clery Act to be reported annually in the Annual Security Report (ASR) including Criminal Homicide (murder and negligent/non-negligent manslaughter), sex offenses (Rape, Fondling, Incest, Statutory Rape), Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, hate crimes (including Larceny Theft, Simple Assault, Intimidation, or Destruction/Vandalism of property that are motivated by bias), Dating Violence, Domestic Violence, Stalking, arrest and referrals or disciplinary action for any of the following; liquor law violations, drug law violations, illegal weapons possession.

C.       Complainant – An individual lodging a complaint under this policy. The complainant may not always be the alleged victim.

D.       Confidential Contact – A contact of the student’s choosing that will be notified if a student is believed to be missing. This is to be used only for investigation of a missing student. This is not the same as a student’s emergency contact.

E.        Consent – Words or actions that show a knowing and voluntary willingness to engage in mutually agreed-upon sexual activity. Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the Respondent knows or reasonably should have known of such incapacitation. Minors under the age of 16 cannot legally Consent under Georgia law.

F.        Daily Crime Log - A log that records, by date reported, all crimes reported to University Police that is available for public inspection. 

G.       Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

1. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
2. For the purposes of this policy:
a) Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
b) Dating Violence does not include acts covered under the definition of Domestic Violence.
3. For the purposes of complying with the requirements of this policy any incident meeting this definition is considered a crime for the purposes of Clery Act Reporting.

 H. Domestic Violence - A felony or misdemeanor crime of violence committed by:

1. A current of former spouse or intimate partner of the victim;
2. A person with whom the victim shares a child in common;
3. A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
4. A person similarly situated to a spouse of the reporting party under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or
5. Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
6. For the purposes of complying with the requirements of this policy, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

I. Emergency Notification – Immediate notification to the campus community upon confirmation of a significant emergency or dangerous situation occurring on the campus that involves an immediate threat to the health or safety of students or employees.

J. Fire Log- A log that records all reported fires, including arson, in on-campus student housing facilities.

K. Fondling- The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

L. Incest- Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

M. Notice- Notification of the availability of information the University is required to disclose by this policy, provided to an individual on a one-to-one basis through an appropriate mailing or publication, including direct mailing through the U.S.P.S, campus mail, or electronic mail.

N. Rape- The 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.

O. Respondent- An individual who is alleged to have engaged in conduct prohibited by this policy.

P. Stalking- Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. Fear for the person’s safety or the safety of others; or
2. Suffer substantial emotional distress.
3. For the purpose of this policy:
a) 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, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.
b) A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
c) Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Q. Statutory Rape- Sexual intercourse with a person who is under the statutory age of consent.

R. Timely Warning- An alert to the campus community of Clery crimes in a manner that is timely and will aid in the prevention of similar crimes. The intent of a warning regarding a criminal incident is to enable people to protect themselves. The warning should be issued as soon as pertinent information is available.

S. University Community- Students, faculty and staff, as well as contractors, vendors, visitors, and guests.