On April, 5, 1986 19-year-old Lehigh University freshman Jeanne Ann Clery was raped and murdered in her residence hall room. Jeanne's parents, Connie and Howard, discovered that the university hadn’t informed students about 38 violent crimes on the Lehigh campus in the three years prior to her murder. They joined with other campus crime victims and influenced Congress to enact the federal law now know as the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, commonly referred to as the Clery Act.

1. Every institution must:

Collect, classify and count crime reports and crime statistics

Have and disclose emergency response and evacuation procedures in response to a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus

Immediately notify the campus community upon confirmation of an emergency or dangerous situation

Warn the campus community in a timely manner about certain crime activity that may pose a continuing danger

Publish an Annual Security Report disclosing three years worth of crime statistics and campus security policies

Submit crime statistics to the U.S. Department of Education (ED)

2. If your institution maintains a campus police or security department, you must keep a daily crime log

3. If your institution has any on-campus student housing facilities, you must:

Disclose missing student notification procedures

Disclose fire safety information related to those facilities

Keep a fire log that is open to public inspection

Publish an annual fire safety report containing policy statements as well as fire statistics

Submit fire statistics to ED

Some crimes and incidents, especially sexual misconduct, are often not reported to police.

Some survivors/victims are more hesitant to report crimes and incidents to the police or campus security than to other college officials. This means that college officials, especially those with significant responsibility for student and campus activities, should know how to respond when receiving a report of a crime.

The Clery Act requires institutions to collect and publish crime reports from four categories of Campus Security Authorities (CSAs).

The Clery Act identifies four CSA categories:

Campus police or security/safety department

Those responsible for campus security but not a police or security department

Any individual or organization specified as an individual or organization to whom students and employees should report criminal offenses

“Officials with significant responsibility for student and campus activities”

“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.”

Because official responsibilities and job titles vary significantly on campuses, a list of specific titles is not provided in the regulations.

A dean of who oversees student housing, a student center or student extracurricular activities and officials who oversee student extracurricular activities.

A director of athletics or a team coach

A faculty advisor to a student group

Representatives of student housing and resident life, or a student who monitors access to student housing

Campus police, campus safety officers

Directors or managers of student service / support centers

Campus provosts (directors and deans).

Judicial affairs officers / other officials with responsibility for student discipline

Counselors in a campus counseling center.

Victim advocates or sexual assault response teams in a campus rape crisis center if they are identified by your school as someone to whom crimes should be reported or if they have significant responsibility for student and campus activities.

A professional counselor, if acting within the scope of his/her license

A pastoral counselor associated with a religious order or denomination

Do:

Collect crime report information

Complete crime report forms or statement forms presented by Campus Safety

Confer with Campus Safety or law enforcement when in doubt

Submit reports to Campus Safety regarding crimes or allegations of crimes

Don’t:

Attempt to determine whether or not a crime took place

Convince or coerce a victim to report the crime to law enforcement

Try to apprehend the perpetrator

The following information explains the crimes that Daytona State College must count and report annually to be in compliance with the Clery Act.

Please note that this information is to educate you on the Clery Act. You should report all crimes or allegations of criminal activity that you witness or are reported to you.

Murder/Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another. NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

Negligent Manslaughter: The killing of another person through gross negligence.

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 probably would result in a serious potential injury if the crime were successfully completed.

Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.:

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.

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 his/her age or because of his/her temporary or permanent mental incapacity.

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

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

The following information on consent applies to Florida Statutes regarding sexual assault

Consent is an intelligent, voluntary, informed decision by someone capable of making such a decision.

Consent is based on choice.

In order for there to be consent in a sexual situation, there must be an affirmative statement or action by each participant.

Consent does exist if coercion, threats, intimidation, or physical force are used.

Consent is not the lack of resistance. There is no duty to fight off a sexual aggressor.

Consent can be withdrawn at any time, as long as the withdrawal is clearly communicated by the person withdrawing consent through words or actions.

If someone is mentally or physically incapacitated or impaired such that they are temporarily or permanently incapable of appraising the sexual situation or controlling their own conduct, there can be no consent in the situation.

This includes such impairment or incapacitation resulting from the consumption of alcohol or other drugs.

Whether a person has used a position of authority or influence to take advantage of another person will be a consideration in determining whether consent exists in a sexual situation.

A person is legally incapable of giving consent if he or she is:

Under 18 years of age or

Incapacitated or impaired as described above by alcohol or other drugs or

Developmentally disabled or

Temporarily or permanently mentally or physically unable to do so

Domestic Violence: A felony or misdemeanor crimes of violence committed

by a current or former spouse or intimate partner 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 or intimate partner

by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies

by 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.

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: 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.

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 a 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 joy riding)

Arson: The willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, or personal property of another kind.

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; 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 non-narcotic 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 minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned.

Note that for weapons law, liquor law, and drug abuse violations, incidents that only resulted in a Judicial Affairs referral must be reported if the incident involved a violation of the law.

Hate Crime Statistics: Report those offenses that “…manifest evidence that the victim was

intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, gender identity, ethnicity, national origin, or disability…” as stated in the ED handbook and are:

Otherwise reportable statistics under the Clery Act

Larceny-theft

Simple assault

Intimidation

Destruction/damage/vandalism or property

Any other crime involving bodily injury

Get the facts…

Who was involved?

What crime or incident occurred?

When did the crime or incident occur?

When did the person report it to you?

The law requires that the crime be reported for the calendar year in

which it was first reported to a Campus Security Authority – not when it occurred, not when it was reported to police

Where did the crime or incident occur?

You must report crimes that occur:

On campus

On campus, in residence halls, fraternity & sorority houses, athletic facilities, library, classrooms, student union, parking lots, etc.

On public property within the campus or adjacent to & accessible from campus

On non-campus property owned or controlled by the institution or a recognized student organization

In spaces used to access controlled spaces, such as parking lots, elevators, stairwells, restrooms and lobbies

During any College-sponsored event or function.

If someone is in immediate danger, take immediate action and call 911 followed by Campus Safety.

If the reporting party does not want to report to police or Campus Safety, inform him/her that you are obligated to report the incident as an anonymous statistic, without identifying anyone.

Don’t attempt to convince or coerce someone to file a report with police. You can refer them to appropriate offices for support and services on campus.

Your role is to report, not determine if the crime was committed. Leave that to law enforcement.

Don’t try to apprehend the perpetrator. Leave that to law enforcement.

Send an incident report to Campus Safety as soon as possible.

When in doubt, consult with Campus Safety.

VAWA and the Clery ActThe Violence Against Women Reauthorization Act of 2013 (VAWA amended the Clery Act with requirements institutions must follow regarding incidents of sexual assault, domestic violence, dating violence, and stalking.

These incidents are often referred to in Clery under the category of sexual misconduct.

All incidents of sexual misconduct are considered crimes under the Clery Act, regardless of whether the incident is treated as a crime by the jurisdiction in which it occurred.

A person reporting sexual misconduct has the right to decline reporting to law enforcement and to report confidentiality.

A student or employee who reports sexual misconduct is entitled to certain rights and assistance regardless of whether they wish to report to law enforcement or where the offense was alleged to have occurred.

Clery Geography – Sexual Misconduct

When a student or employee reports an incident of sexual assault, domestic violence, dating violence or stalking, you must report the crime to Campus Safety and provide the rights and assistance guaranteed to survivors of sexual misconduct regardless of whether or not it occurred on Clery Geography.

The following steps address immediate needs, safety, and health as well as ensuring that the rights and assistance guaranteed to a person who reports sexual misconduct are provided.

Many of these steps involve providing the reporting party with information and assistance. You may use the following resources:

Campus Safety (386)-506-4444, www.daytonastate.edu/campus_safety.

Counseling Services (386) 506-3038 www.daytonastate.edu/counseling.

Daytona State College Campus Safety Annual Security Report and Campus Safety Guide www.daytonastate.edu/campus_safety/security_report/index.html.

Daytona State College Information for Survivors/Victims of Sexual Violence, Domestic Violence, Dating, Violence, and Stalking http://www.daytonastate.edu/campus_safety/files/Information%20for%20Survivors%20of%20Sexual%20Domestic%20Dating%20Stalking%20P.pdf.

You should always provide someone who reports sexual misconduct with written information about their rights and available resources. The Daytona State College document Information for Survivors of Sexual Violence, Domestic Violence, Dating Violence, and Stalking is designed for this purpose. You may download and print this information at http://www.daytonastate.edu/campus_safety/files/Information%20for%20Survivors%20of%20Sexual%20Domestic%20Dating%20Stalking%20P.pdf.

When receiving a report of sexual misconduct, you should always contact Campus Safety at 4444. If the reporting party does not wish to give his or her identity and make a report, you must still report that to Campus Safety that a crime has occurred, and you will still receive guidance and assistance that you can pass on to the reporting party.

Assist the reporting party in getting to a safe place if necessary.

Ensure that medical needs are addressed by contacting the appropriate emergency services.

If there is an ongoing danger to the College community, such as a perpetrator of a recent crime who is still at large, you must Contact Campus Safety immediately and inform them of this danger.

If there is a crime scene on campus, arrange with Campus Safety to maintain preservation of the scene.

If a recent sexual assault is reported, notify the victim of the importance of preserving evidence. Advise the victim to avoid bathing, douching, smoking, changing clothing, cleaning the bed/linen/area where the assault occurred, or altering the crime scene.

These actions may destroy evidence that could aid in prosecuting the assailant and obtaining a protection order. In Florida, evidence may be collected even if someone chooses not to make a report to law enforcement.

Advise the victim to save and document all communication with the assailant and/or related to the assault such as texts, social media messages and photos.

Notify the reporting party of his or her options for contacting law enforcement. (Campus Safety Officers do not have law enforcement authority and are not sworn law enforcement officers.) These options include the right not to make a police report and still receive assistance from the college. Notify the person that making a police report is not the same as prosecuting. If requested, contact law enforcement on a survivors’ behalf or assist in doing so.

Notify the reporting party of his or her rights to assistance in contacting resources for counseling, assistance for legal aid and obtaining injunctions for protection, requesting reasonable changes to academic, living and transportation situations and financial aid. Provide this assistance if requested.

Treat the person with sensitivity, dignity, courtesy and respect. Make sure to talk in a private location.

Contact a victims’ advocate, such as the College Counseling Dept. or a community resource. Encourage the survivor to seek the support of trusted family members and loved ones.

If a reporting party wishes to be interviewed, do so in a private location. If possible, offer to have a person of the same gender speak to the survivor.

Never prejudge. People react differently to these crimes.

If the person reporting the crime is under 18 years old, you must report abuse to the Florida Department of Children and Families (DCF).

To file a report call 1-800-962-2873 or file online at https://reportabuse.dcf.state.fl.us.

Under Florida law, failure to report known or suspected child abuse, neglect, or exploitation is a felony. You cannot be penalized for giving incorrect information if it is given in good faith.

DCF will determine if the situation meets the definition of child abuse under the law. Do not try to make that determination yourself.