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The University of North Carolina at Greensboro Police Department |
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| General Order 1-7.3 | The Clery Act and Title IX Compliance | |
- Annual Security Report
The Clery Act requires publication and distribution of the Annual Security Report, 34 CFR 668.41(e). The Annual Security Report (ASR) must be contained in a single document and include the procedures, practices, and programs your institution uses to keep students and employees safe and its facilities secure, 34 CFR 668.46(b)(2)–(14). The ASR also requires the publication of the last three year's worth of Clery crime statistics, 34 CFR 668.46(b)(1).
The Clery Act requires the publication and distribution of the ASR by October 1st of each year to all currently enrolled and prospective students and employees, 34 CFR 668.41(e). Annually the ASR is updated by the Clery Compliance Officer. The report will then be uploaded to the department's web space and an email containing a statement of the report's availability, a description of the report, the exact URL link to the report, and a statement that a paper copy of the report will be provided upon request is sent to all currently enrolled students and employees. Prospective students and employees will receive notice through the Office of Admissions or Human Resources.
The Clery Act requires that the ASR and all supporting records be retained for the three years; while crime statistics and all supporting records must be retained for seven years. Records to be kept include, but are not limited to, copies of crime reports; the daily crime logs; records for arrests and referrals for disciplinary action; timely warning and emergency notification reports; documentation, such as letters to and from local police having to do with Clery Act compliance; letters to and from campus security authorities; and copies of notices to students and employees about the availability of the ASR. - Emergency Notification
Under the Clery Act, UNCG is required to immediately notify the campus community, upon confirmation, of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. The requirement is intended to help keep students and employees informed about threats to their safety and health in a manner that allows them to protect themselves. Safety is a top priority at UNCG, and the importance of providing emergency information to the campus community is recognized.
Emergency notification differs from timely warning in that emergency notification is triggered by an event that is currently occurring on or imminently threatening the campus. The University must initiate emergency notification procedures for any significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. Emergency notification messages may supersede timely warnings unless additional information becomes available or circumstances change that require both.
In accordance with the University's Emergency Notification Policy, the UNCG Police Department will, upon confirmation, activate the emergency notification system. This process will be followed unless, in the professional judgment of responsible authorities, issuing a notification will compromise efforts to assist a victim, contain the emergency, respond to the emergency, or otherwise mitigate the emergency.
To expedite the sending of an emergency message, Communications will prepare the message, using the appropriate template, and inform the supervisor when it is ready. If the supervisor does not preempt Communications, the message will be sent without delay. At a minimum, all messages will contain:- the nature of the incident,
- the location of the incident, and
- instructions or actions to be taken.
In order to ensure adequate proficiency, Communications will participate in daily training and testing of the emergency notification system. The Communications Supervisor will report any and all test failures immediately and coordinate with the vendor and Emergency Management to resolve the issue as soon as possible. At least two campus-wide tests of the emergency notification systems will be conducted annually. - Timely Warning Notification
The Clery Act requires UNCG to alert the campus community to certain crimes in a manner that is timely and will aid in the prevention of similar crimes. Although Clery does not define "timely," because the intent of a warning regarding a criminal incident(s) is to enable people to protect themselves, this means that a warning should be issued as soon as the pertinent information is available. This is critical; it is expected that even if all of the facts surrounding a criminal incident are not available a warning will be issued with additional information as it becomes available, 34 CFR 668.46(e). UNCG refers to timely warning notifications as "Safety Messages."
Timely Warning Notifications (TWNs) differ from emergency notification in that TWNs are triggered by crimes that have already occurred but represent an ongoing threat. TWNs are issued for (1) any Clery crime (2) committed on your Clery geography that is (3) reported to your campus security authorities or a local law enforcement agency and (4) is considered by the institution to represent a serious or continuing threat to students and employees.
The decision to issue a TWN must be made on a case-by-case basis in light of all the facts surrounding a crime. TWNs are not limited to violent crimes or crimes against persons. TWNs can be issued for threats to persons or to property. For example, it is possible to have a rash of dormitory burglaries or motor vehicle thefts that merit a timely warning because they represent a continuing risk of re-occurrence. Timely warning notifications will be issued in accordance with departmental directives.
The Clery Act regulations do not specify what information should be included in a timely warning. However, because the intent of the warning is to enable members of the campus community to protect themselves, the warnings should include all information that would promote safety and that would aid in the prevention of similar crimes. Issuing a warning that cautions the campus community to be careful or to avoid certain practices or places is not sufficient; it must contain specific information about the incident that triggered the TWN.
The law specifies that "an institution that follows its emergency notification procedures is not required to issue a timely warning based on the same circumstances; however, the institution must provide adequate follow-up information to the community as needed." As indicated above, emergency notification messages may supersede timely warning notifications unless additional information becomes available or circumstances change that require both. - Daily Crime and Fire Log
The Clery Act requires that a campus police department must create, maintain, and make available a Daily Crime Log, 34 CFR 668.46(f). The purpose of the daily crime log is to record criminal incidents and alleged criminal incidents that are reported to the campus police department. All criminal incidents reported to the UNCG Police Department require a call for service (CFS) and/or an incident report. The crime log is automated by information entered in the department's Computer Aided Dispatch (CAD) and Records Management System.
The Clery Act requires that a campus police department must create, maintain, and make available a Fire Log, 34 CFR 668.49(d). The purpose of the fire log is to record actual fires that occur on campus. All fire incidents reported to the UNCG Police Department require an entry into CAD.
The two logs, Daily Crime Log and Fire Log, have been combined and reside on the University's Clery website; clery.uncg.edu/crime_log and is updated as incidents are entered. The Daily Crime and Fire Log is accessible from the lobby of the police department and open to public inspection. - Submission of Crime Statistics
The Clery Act requires the submission of crime statistics for specific incidents, arrests, and referrals. In late summer, the Department of Education will conduct the annual Campus Safety and Security Survey. The Clery Compliance Officer is responsible for completing the web-based survey used to collect the statistical data from the ASR. The data will then be posted on the Department of Education's public website for use by higher education consumers. - Rights of Victims
The Federal Violence Against Women Act (VAWA) is an amendment to the Clery Act that requires all universities receiving federal funding to afford victims of dating violence, domestic violence, sexual assault, and stalking certain basic rights and options. The UNCG Police Department, Student Affairs, and other Campus Security Authorities are responsible for informing victims of their rights and ensuring that a written copy is provided at the time of the report.
In addition, the North Carolina Victims' Bill of Rights (G.S. §15A-830) entitles victims of certain crimes, including sexual assault, basic rights covered in the "Victim Assistance" law. The investigating officer is responsible for informing the victim of these rights and ensuring that the necessary information is collected. The Victim's Rights Form will be provided for all incidents that require. A copy of the rights form with the victim's contact information will be turned into records. - Title IX Requirements
Title IX is a federal law designed to protect students from sexual harassment in a school's education programs and activities. Sexual harassment under Title IX is broader than you might expect and includes both criminal and non-criminal conduct. Under Title IX, UNCG Police is required to:- Ensure that all employees participate in Title IX, Responsible Employee Training.
- Notify complainants of their right to file a Title IX sex discrimination complaint with the University in addition to filing a criminal complaint. The investigating officer is responsible for notifying victims of their rights.
- Report incidents of sexual violence to the Title IX coordinator, including off-campus cases handled by other law enforcement agencies. After receiving information from the police department, Student Affairs is responsible for forwarding all Title IX cases.
- Share investigative notes and findings with the Title IX coordinator, as long as it does not compromise the criminal investigation. The detective assigned to the case will be responsible for sharing information with Student Affairs and the Title IX Office.