草榴社区

VILLANOVA UNIVERSITY CAMPUS SECURITY AUTHORITY POLICY

September, 2017

Purpose:

The purpose of this policy is to set forth crime reporting requirements for all employees who are designated by role or position as Campus Security Authorities (CSAs) in accordance with the Clery Act federal crime reporting law for the purposes of accurate statistical reporting as well as the assessment of incidents for the need to issue a timely warning to the University community. The intent of including non-Public Safety personnel in the CSA role is to acknowledge that some community members, and students in particular, may be hesitant about reporting crimes to Public Safety, but may be more inclined to report incidents to other campus-affiliated individuals.

Scope:

This policy applies to all University employees, including student employees and graduate assistants, who have significant responsibility for campus security or student and campus activities, including, but not limited to Public Safety officers, designated Student Life and Campus Ministries employees, resident advisors, academic deans, advisors to student groups, and coaches and other Athletic Department administrators. Employees falling within these categories are deemed by the University to be CSA鈥檚 and will be notified of their responsibilities under this policy.

Definitions:

Campus Security Authority: Campus security authority is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution: 1) A campus police or security department; 2) any individual or group of individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department; 3) any individual or organization specified in an institution鈥檚 statement of campus security policy as an individual or organization to which students and employees should report crimes; 4) 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. An official is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution. Note: This definition taken from the Handbook for Campus Safety and Security Reporting, Department of Education, 2016 Edition.

Clery Act Crimes: murder/non-negligent manslaughter, negligent manslaughter, forcible sex offenses (rape and forcible fondling), statutory rape, incest, robbery, aggravated assault, burglary, motor vehicle theft, arson, stalking, dating violence, domestic violence, liquor law violations, drug violations and/or illegal weapons possession. See definitions below.

Good Faith: There is a reasonable basis for believing that the information is not simply rumor or hearsay and there is little or no reason to doubt the validity of the information.

Hate crime: A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender鈥檚 bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, gender identity, ethnicity or national origin. Bias related crimes that are reportable as hate crimes include murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, dating violence, domestic violence, stalking, larceny, vandalism, intimidation, and simple assault.

On Campus: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution鈥檚 educational purposes, including residence halls.

Any building or property that is within or reasonably contiguous to the area identified in paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendors).

Non-Campus Property: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution鈥檚 educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution. Examples include but are not limited to off-campus athletic fields, stadiums, tracks, and other venues owned or leased by the University for athletic practices or events, as well as off campus property owned or leased by the University used for distance and continuing education classes. Non-campus properties also include certain foreign locations, where the University has a written agreement to own or control housing.

Public Property: All thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus.

Report: Crimes are considered 鈥渞eported鈥� when brought to the attention of a CSA by a victim, witness, other third party or even the offender.

Timely: As soon as pertinent information about an incident is available, but without unnecessary delay.

Policy:

Upon receiving a good faith report of a Clery Act crime or hate crime which is reported to have occurred on campus, on public property or on non-campus property, persons designated as Campus Security Authorities (CSAs) are required to file a report in the manner identified in this policy.

This policy does not relieve individuals identified as CSAs of possible additional reporting responsibilities under Title IX. CSAs who receive a report of sexual assault, sexual harassment and other sexual misconduct should review the .

Procedure:

Identification and Notification of CSA鈥檚.

The Department of Public Safety is responsible for identifying those individuals whose job responsibilities place them in the role of a CSA. The list of CSAs is maintained and updated by the Department of Public Safety, in collaboration with the Office of Human Resources.

The Department of Public Safety shall annually notify CSAs in writing of their role and responsibilities for reporting crimes in accordance with this policy. The Department of Public Safety shall ensure that CSAs are adequately trained and will establish the method and delivery of training to CSAs based on their roles and responsibilities. These methods may include on line training, in person training or training in the form of written materials.

Responsibilities of CSA鈥檚

1. When a crime is reported to a CSA, first ask the person if they would like to report it to Public Safety. If so, contact Public Safety at (610) 519-5800. If the CSA has firsthand knowledge / confirmation that the reporting party filed a report with Public Safety, then they are not obligated to complete and submit a Campus Security Authority Crime Report Form. However, if the reporting party says they will file a report with Public Safety and leaves (thus, no CSA firsthand knowledge / confirmation that a Public Safety report was filed), then the CSA must still report the incident to Public Safety.

2. Timely reporting by the CSA to Public Safety is extremely important. If a serious crime that may cause an ongoing threat to the 草榴社区 community is reported to anyone who is defined as a CSA, that individual should not delay reporting the incident to the 草榴社区 Department of Public Safety. The University has a responsibility to notify the campus community about any crimes which pose a serious or ongoing threat to the community, and as such, CSAs are obligated by law to report crimes immediately to the 草榴社区 Department of Public Safety. If there is any question about whether a serious or ongoing threat exists, immediately contact the Director of 草榴社区 Department of Public Safety.

3. CSAs should base their report on a good faith belief of the reporting person and should not investigate the incident or judge the credibility of the reporting person.

4. CSAs are required reporters regardless of the wishes of the reporting person, victim, witness, or offender to have the matter reported in accordance with this policy.

5. 草榴社区 permits victims or witnesses to report crimes to CSAs on a voluntary, anonymous basis (and includes such anonymous reports in reported Annual Security Report crime totals) but encourages individuals who report crime to provide identifying information so that the University can adequately investigate the report. Should the reporting person wish to remain anonymous, CSA are not required to provide the name of the reporting person or any other involved party.

Reporting Procedures for CSAs

1. Any CSA who wishes to report crimes in a way that maintains the confidentiality of the involved parties may do so by using the online form found below.

2. Public Safety employees should report Clery Act crimes or hate crimes using the Departmental records management system software and in accordance with Departmental procedures.

3. Resident and Graduate Assistants in the Office of Residence Life should report Clery Act crimes through the completion of Residence Life incident reports or by one of the other methods described below. The Director of Residence Life or his/her designee is responsible for forwarding reports of Clery Act crimes or hate crimes to the Department of Public Safety.

4. The Dean of Students Office should report referrals for drug and liquor law offenses to the Department of Public Safety on an annual basis for inclusion in the Annual Security and Fire Safety Report. The Dean of Students Office is required to report all other Clery offenses and Hate Crime offenses in the manner described below.

5. All other CSAs should report Clery Act crimes or hate crimes without unnecessary delay, through any of the following methods:

• By reporting the incident to the Department of Public Safety by calling (610) 519-5800.
• By personally notifying the Director of Public Safety by phone, email, or letter.
• By completing the online CSA Crime Reporting Form, found on the Department of Public Safety website.

Clery Act and Hate Crime Definitions

The following definitions are to be used for reporting the crimes. The definitions were obtained from the Campus Crime Reporting Handbook.

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.

Criminal Homicide-Manslaughter by Negligence--The killing of another person through gross negligence.

Criminal Homicide-Murder and Nonnegligent Manslaughter--The willful (nonnegligent) killing of one human being by another.

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.

Aggravated Assault--An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

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. (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.)

Weapon Law Violations--The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

Drug Abuse Violations--Violations of State and local laws relating to the unlawful 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); and dangerous nonnarcotic drugs (barbiturates, benzedrine).

Liquor Law Violations--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; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Sexual Assault (Sex Offenses)- Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Include attempted Sexual Assaults, but do not include in your Clery Act statistics any Sexual Assaults other than the four types of Sexual Assaults described in this chapter.

• Rape- is 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. This offense includes the rape of both males and females.
• Fondling-is 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 his/her age or because of his/her temporary or permanent mental incapacity.
• Incest-is sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory Rape-is sexual intercourse with a person who is under the statutory age of consent. In Pennsylvania, the age of consent is considered any person who is under the age of 16 and who has intercourse with a person who is four or more years older than the victim.

Domestic Violence-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 person鈥檚 acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

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 AND

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.

Stalking 鈥� 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

Hate Crimes

A hate crime is a criminal offense committed against a person or property which is motivated, in whole or in part, by the offender鈥檚 bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation or ethnicity/national origin.

• Race. A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair; facial features, etc.) genetically transmitted by descent and heredity, which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites).
• Gender. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
• Religion. A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g., Catholics, Jews, Protestants, atheists).
• Sexual orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person鈥檚 physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
• Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term 鈥渞ace鈥� in that 鈥渞ace鈥� refers to a grouping based mostly upon biological criteria, while 鈥渆thnicity鈥� also encompasses additional cultural factors.
• National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
• Gender Identity. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
• Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

The following crimes (as defined above) are considered hate crimes when motivated in whole or in part by the offender鈥檚 bias against one of the groups named above:

• Murder and non-negligent manslaughter
• Sexual Assault
• Robbery
• Aggravated assault
• Burglary
• Motor vehicle theft
• Arson

In addition, the following crimes are also considered hate crimes under the Clery Act:

• Larceny-Theft is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Larceny and theft mean the same thing in the UCR.) Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.
• Simple Assault is an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
• Intimidation is to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
• Destruction/Damage/Vandalism of Property is to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.