"Crime Awareness and Campus Security Act of 1990"

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1 To: Students, Staff, and Faculty of the Bristol, Tennessee Campus From: Steven S. Cotton, Executive Vice President for Legal and Regulatory Affairs Ref: Crime Reporting In Accordance with Public Law date November 8, 1990 Date: October 1, 2014 "Crime Awareness and Campus Security Act of 1990" The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC 1092(f)) is the landmark federal law, originally known as the Campus Security Act, that requires colleges and universities across the United States to disclose information about crime on and around their campuses. The law is tied to an institution's participation in federal student financial aid programs and it applies to most institutions of higher education both public and private. The Act is enforced by the United States Department of Education. The law was amended in 1992 to add a requirement that schools afford the victims of campus sexual assault certain basic rights, and was amended again in 1998 to expand the reporting requirements. The 1998 amendments also formally named the law in memory of Jeanne Clery. Subsequent amendments in 2000 and 2008 added provisions dealing with registered sex offender notification and campus emergency response. The 2008 amendments also added a provision to protect crime victims, "whistleblowers, and others from retaliation. The Violence Against Women Reauthorization Act of 2013 (VAWA) adds additional requirements, such as compiling statistics for incidents of domestic violence, dating violence, sexual assault and stalking, plus requires that certain policies, procedures and programs pertaining to these incidents be disclosed in schools annual security reports. Section 485 of the Crime Awareness and Campus Security Act of 1990 (20 U.S.C. 1092) requires that each institution of Higher Education collect and disseminate, through appropriate publications or mailings, an annual security report containing certain information. That report, together with a statement of the College s policies and procedures, is as follows: A safe and secure campus is a high priority at National College. The College understands that community awareness and cooperation contributes to a positive learning environment. Each year the College collects information related to campus security and publishes a report providing information about crimes committed on or near campuses. The report describes important information about campus safety and outlines the responsibilities of the members of the campus community related to this topic. Compilation and distribution of this report is mandated for all institutions participating in the financial aid programs under Title IV of the Higher Education Act of Reporting of Criminal Offenses: There are several staff members at each campus who serve as Campus Security Authority (CSA). The CSA is usually the Campus Director, however, in the absence of the Campus Director, any senior staff member may also serve as CSA. The Campus Director s office is located in each main building. The Campus Director has telephone access to each room and office in the building. Certain areas of the campus are "electronically patrolled" or monitored by use of internet protocol (IP) cameras. All National College campuses are also monitored by a professional security agency. Each National College campus works with local jurisdictions to maintain a safe and secure campus environment. Criminal offenses reported to the Campus Security Authority are reported to the national Incident-Based Reporting System, in accordance with federal mandates. A listing of CSAs is posted on the official bulletin board on each campus. Local law enforcement have jurisdiction over each campus. Criminal Offense Log: In accordance with the provisions of the Clery Act, a campus criminal offense log is maintained by each campus. Interested persons can access this information by coming to the main office during regular business hours. Safety and Security Guidelines: The College encourages all students, faculty, staff, and visitors to take an active role in their own safety and security while on campus. By following these guidelines, they help maintain a safe environment. Campus community members should:

2 Walk in well-lighted and well-traveled areas after dark. Walk with a friend. Immediately report all suspicious persons, vehicles, or activities to the CSA. Immediately report all crimes, security problems, or hazardous conditions to the CSA. Remain subscribed to the National College Alert System, E2Campus. Students are automatically enrolled. Take advantage of informational programs sponsored on campus. Never study alone in an isolated area of a campus building. Lock your car and secure valuables when using campus parking facilities. Use bicycle racks located on campus, and lock your bicycle. Become familiar with the Emergency Response Plan, available on the College website. Become familiar with emergency exits and locations of fire alarm pull stations and extinguishers in your building. Lock offices when you are not present. Safety and Security Awareness Programming: An informed campus community can significantly reduce the occurrence of crime on campus. Information about security procedures, crime prevention, substance use and abuse, fire safety, the prevention of domestic violence, dating violence, stalking and sexual assault are topics covered during new student orientation and available online throughout the academic year. The College provides online access to security, crime prevention, and alcohol and drug abuse educational programming. Such programs are offered with the goal of helping members of the College community make responsible decisions concerning their safety and well-being. Emergency Notifications and Timely Warnings: Members of the College community are notified in a timely manner about security situations, crimes or emergencies that are considered to represent a threat to students and employees. E2Campus is a multi-modal emergency notifications system that sends notifications via text message to cellular phones and other electronic devices and mediums. Notifications are sent upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of the College community. National College will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless the notification will, in the professional judgment of responsible authorities, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency. Victim s names are kept confidential. The College utilizes a chain of command for emergency warnings, which includes the Vice President of Operations and Campus Director. Weather closing and delays are also sent through e2campus. Students are enrolled in E2Campus at the time of enrollment. Faculty and staff are automatically enrolled in the emergency notification system. Campus Safety Notices are sent through the use of campus wide for incidents or situations that do not pose an immediate threat but which require a timely notice in compliance with the Clery Act. Notices may also be made by campus mailings and announcements posted on bulletin boards. E2Campus is tested annually. Incident Reporting Procedures: All emergencies should be reported to 911. After emergency personnel have been contacted, the Campus Security Authority should also be notified. The CSA will record all reported crimes in the Crime Log. The Crime Log will be stored on SharePoint and will be available online for the current calendar year, plus three additional prior years. A listing of campus CSAs are posted on the official bulletin board at each campus. Anonymous Reporting of Crime: The College recognizes that under certain circumstances victims of, or witnesses to, a crime may wish to make an anonymous report of the crime. There are two avenues for anonymous reporting. First, victims or witnesses may report information to the Campus Director and request that their identity remain confidential. In this type of reporting the Campus Director may identify the reporting party only to College officials with a need to know, and who are also bound by the promise of confidentiality to the reporting party. It is important to know that since the identity of the reporting party is in fact known, and since no legal protection exists to shield the College or those of its employees who know the reporting party s identity from being compelled to disclose that information by court order, the identity of the victim or witness may be disclosed if such disclosure is ordered by a court of competent jurisdiction. Further, in any situation where the College concludes that disclosure of the reporting party s identity is necessary to prevent imminent harm to that party or any other individual, the College may make such disclosure.

3 Second, the College has created an anonymous reporting form located on the internet at the following address. An individual who wishes to make an anonymous report of a crime may do so using that form. For this type of reporting the identity of the disclosing party is not requested or captured by the form. Building Security: Campus buildings are monitored by security cameras and security systems. Most buildings are locked at 10:00 p.m. Controlled Substance and Alcohol Regulations: This document contains a summary of state and federal sanctions for the unlawful use of controlled substances and alcohol. Portions of the summary were provided by the federal government, and while the summary is a good faith effort to provide information, the following summary does not constitute legal advice and National College does not guarantee its accuracy. State and Federal Penalties and Sanctions State of Tennessee Penalties and Sanctions Under state law, it is unlawful for any person under the age of twenty-one (21) to buy, possess, transport (unless in the course of their employment and over the age of 18), or consume alcoholic beverages, including wine or beer. It is also unlawful for any adult to buy alcoholic beverages for or furnish them for any purpose to anyone under twenty-one years of age. These offenses are classified Class A Misdemeanors punishable by imprisonment for not more than eleven months and twenty-nine days, or a fine of not more than $2,500, or both. (T.C.A , , ) The offense of public intoxication is a Class C Misdemeanor punishable by 11 hours of community service, possible revocation of driver s license, imprisonment of not more than thirty days or a fine of not more than $50, or both. (T.C.A ) Under Tennessee law, the offense of possession or casual exchange of a controlled substance (such as marijuana) is punishable as a Class A Misdemeanor (eleven months twenty-nine days and/or a fine of $2,500). For the third and subsequent offense of possession of 1/2 oz. or less of marijuana, punishment is one to six years of imprisonment and a $3,000 fine. If there is an exchange from a person over twenty-one years of age to a person under twenty-one, and the older person is at least two years older than the younger, and the older person knows that the younger is under twenty-one years of age, then the offense is classified as a felony. Possession of more than 1/2 oz. of marijuana under circumstances where intent to resell may be implicit is punishable by one to six years of imprisonment and a $5,000 fine for the first offense. (T.C.A , ; 21 U.S.C. 801, et seq.) State penalties for possession of substantial quantities of a controlled substance or for manufacturing or distribution range up to a maximum of fifteen to sixty years of imprisonment and a $500,000 fine. (Title 39, T.C.A., Chapter 17.) For example, possession of more than twenty-six grams of cocaine is punishable by eight to thirty years of imprisonment and a $200,000 fine for the first offense. The state may, under certain circumstances, impound a vehicle used to transport or conceal controlled substances a $500,000 fine. (Title 39, T.C.A., Chapter 17.)

4 Drug Policy: Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance 21 U.S.C. 844 (a) First conviction: Up to one (1) year imprisonment and fine of at least $1,000 but not more than $100,000, or both. After one (1) prior drug conviction: At least fifteen (15) days in prison, not to exceed two (2) years, and fine of at least $2,500 but not more than $250,000, or both. After two (2) or more prior drug convictions: At least ninety (90) days in prison, not to exceed three (3) years, and fine of at least $5,000 but not more than $250,000, or both. Special sentencing provisions for possession of crack cocaine: Mandatory sentence of at least five (5) years in prison, not to exceed twenty (20) years, and fine of up to $250,000, or both, if: a. first conviction and the amount of crack possessed exceeds five (5) grams. b. second crack conviction and the amount of crack possessed exceeds three (3) grams. c. third or subsequent crack conviction and the amount of crack possessed exceeds one (1) gram. 21 U.S.C. 853 (a) (2) and 881 (a) (7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than one (1) year imprisonment. (See special sentencing provision re: crack.) 21 U.S.C. 881 (a) (4) Forfeiture of vehicles, boats, aircraft, or any other conveyance used to transport or conceal a controlled substance. 21 U.S.C. 844a Civil fine of up to $10,000 (pending adoption of final regulations). 21 U.S.C. 853a Denial of federal benefits, such as student loans, grants, contracts, and professional and commercial licenses, up to one (1) year for first offense, up to five (5) years for second and subsequent offenses. 18 U.S.C. 922 (g) Ineligible to receive or purchase a firearm. Miscellaneous Powers of revocation of certain licenses and benefits (e.g. pilot licenses, public-housing tenancy) are vested within the authorities of individual federal agencies. Possession, use, manufacturing and/or distribution of illegal drugs, drug paraphernalia containing drug residue and other controlled substances will not be tolerated. Any member of the campus community found violating this policy is subject to severe disciplinary action, including dismissal from The College. In addition, such individuals are subject to criminal prosecution. In these matters, the College fully cooperates with law enforcement officials including the local authorities, state police and the Drug Enforcement Administration, as well as other federal entities. The names of students involved in illegal drug offenses are reported to the appropriate law enforcement agency. Statement Regarding Sexual Misconduct: National College recognizes the seriousness of inappropriate sexual behavior. In addition to constituting criminal conduct, incidents of sexual misconduct including domestic violence, stalking, dating violence, rape, sexual battery and other sexual assaults, whether forcible or non-forcible, are violations of the College s Conduct Policy. National College provides educational programming to students and staff regarding the awareness of and prevention of domestic violence, dating violence, sexual assault, stalking and other inappropriate and/or criminal sexual behaviors. Such programming is provided to new students as part of the orientation process and to staff and students throughout the year. Page 4 of 8

5 Victims of a sexual offense are strongly encouraged to examine all options available to them. A student or employee who reports an incidence of a prohibited activity, whether the offense occurred on or off campus, will be given a written explanation of his or her rights and options. The college has established certain procedures it will follow upon the report of an incidence of domestic violence, dating violence, sexual assault, stalking, or other violation. These above-referenced rights and procedures are set forth in detail in the College s Conduct Policy, and include, but are not limited to: Notification that the victim has the right to notify law enforcement authorities and that campus authorities will provide assistance if the victim so chooses. Interim measures to protect the victim will be undertaken by the college, to include: o Confidentiality where due process allows, and o Separation from accused perpetrator. Referral to counseling options available to the victim. Investigation of the allegations. Equal opportunity with accused perpetrator to: o Present evidence, o Be accompanied by advisor to any related meeting or proceeding, o Be informed of the outcome of any related disciplinary proceeding, and o Appeal the results of any related disciplinary proceeding. Prompt and equitable resolution, including, o Disciplinary hearing as required, o Notification of results of disciplinary hearing, o Right of appeal, and o Notice of resolution. If an institutional disciplinary proceeding arises from an incident report, the college will make appropriate judgments based on the preponderance of the evidence. Victims wishing to confidentially report an offense for inclusion in the annual security report should go to the Anonymous Reporting of Crime web address: to do so. Campus Crime Statistics: The statistical data reported for on-campus offenses and all discipline referrals are compiled from records maintained by the Campus Director. The "Clery Act" defines the location categories used. On- Campus" indicates the violation occurred on campus grounds. "Public Property" is public property such as streets and sidewalks adjacent to the campus. "Non-Campus" refers to any building or property located off campus which students frequent. The criminal offenses are classified using the FBI's Uniform Crime Reporting System definitions. The reader should keep in mind that some crime victims may choose not to report offenses to campus or local law enforcement authorities and that violations listed may result in both arrest and disciplinary referral for the same offense. Other types of unacceptable conduct such as thefts and vandalism occur on College campuses. All criminal activity is detrimental to the College community, and strong measures including dismissal are taken against offenders. National College maintains records of criminal activity in accordance with definitions used in the FBI's Uniform Crime Reporting system (UCR). Statistics represent crime on campus, in or on non-campus building/property, or on public property frequently used by National College. National College monitors and records data from its campus logs and from local jurisdiction information. All criminal activity should be reported in a timely manner so that strong measures, including dismissal from the College, are taken. This includes vandalism in campus buildings and parking lots and all theft in campus buildings and parking lots. Page 5 of 8

6 Criminal Offense/Arrest MURDER / NON-NEGLIGENT MANSLAUGHTER NEGLIGENT MANSLAUGHTER SEX OFFENSES, FORCIBLE SEX OFFENSES, NON-FORCIBLE ROBBERY AGGRAVATED ASSAULT BURGLARY MOTOR VEHICLE THEFT ARSON SIMPLE ASSAULT LARCENY - THEFT (except motor vehicle) INTIMIDATION DESTRUCTION/DAMAGE/VANDALISM OF PROPERTY LIQUOR LAW ARRESTS DRUG LAW ARRESTS ILLEGAL WEAPONS POSSESSION ARRESTS TITLE IX: SEXUAL ASSAULT Crime Statistics - Bristol, Tennessee Campus (January 1, 2011 to December 31, 2013) # of Criminal Offenses On- Campus # of Criminal Offenses On Public Property # Arrests (included in Criminal Offenses) On- Campus # Arrests (included in Criminal Offenses On Public Property # of Hate Crimes included in Criminal Offenses On Public Property # of Hate Crimes included in Criminal Offenses On-Campus Year TITLE IX: DOMESTIC VIOLENCE TITLE IX: DATING VIOLENCE TITLE IX: STALKING The institution does not have any noncampus or on-campus student housing facilities. Page 6 of 8

7 College Statistics Federal Sex Crimes Prevention Act: Sex Offender Registry: The federal Campus Sex Crimes Prevention Act requires institutions of higher education to issue a statement advising the College community where to obtain law enforcement agency information provided by the State concerning registered sex offenders. Sex offenders that are required to register in a state are mandated to provide notice of each institution of higher education in that state at which the person is employed, carries on a vocation or is a student. In addition, all persons convicted of violations under the laws of the United States or any other state substantially similar to an offense for which registration is required shall provide to the local agency all necessary information for inclusion in the State Police Registry within ten days of establishing a residence within the State. Any person required to register shall also be required to reregister within ten days following any change of residence, whether within or without the State. Nonresident offenders entering the State for employment, to carry on a vocation, volunteer services or as a student attending school who are required to register in their state of residence or who would be required to register under this section if a resident of the State shall, within ten days of accepting employment or enrolling in school in the State, be required to register and reregister pursuant to this section. For purposes of this section "student" means a person who is enrolled on a full-time or part- time basis, in any public or private educational institution, including any secondary school, trade or professional institution, or institution of higher education. Information concerning offenders registered with the Sex Offender and Crimes Against Minors Registry may be disclosed to any person requesting information on a specific individual in accordance with the law. Information regarding a specific person requested pursuant to the law shall be disseminated upon receipt of an official request form that may be submitted directly to the State's Department of State Police or to the State Police through a local law-enforcement agency. The Department of State Police shall make Registry information available, upon request, to criminal justice agencies including local law-enforcement agencies. Registry information provided under this section shall be used for the purposes of the administration of criminal justice, for the screening of current or prospective employees or volunteers or otherwise for the protection of the public in general and children in particular. Page 7 of 8

8 In Tennessee, all registered offenders are found on Tennessee Bureau of Investigation s internet site, and the entries contain information released pursuant to Tennessee Code Annotated, Sex offenders are registered by local law enforcement or the Board of Probation/Parole; however, the Tennessee Bureau of Investigation is responsible for the Registry website and for maintaining the original registration documents. Pursuant to Tennessee Code Annotated Section , Use of the information for purposes not authorized by this section is prohibited and a willful violation of this section with the intent to harass or intimidate another shall be punished as a Class 1 misdemeanor. The Tennessee Bureau of Investigation maintains a system for making certain Registry information on violent sex offenders publicly available by means of the Internet. The information made available includes the offender's name; all aliases which he/she has used or under which he/she may have been known; the date and locality of the conviction and a brief description of the offense; his/her date of birth, current address and photograph; and such other information as the State Police may from time to time determine is necessary to preserve public safety. The system is secure and is not capable of being altered except by or through the State Police. The system is updated each business day with newly received registrations and re-registrations. A more detailed explanation and access to registry can be found at the link below: Page 8 of 8

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