Texas A&M Health Science Center 2015 Annual Security and Fire Safety Report College Station Campus

Transcription

1 Texas A&M Health Science Center 2015 Annual Security and Fire Safety Report College Station Campus In compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. V.12.2

2 Table of Contents Introduction....1 Annual Disclosure of Crime Statistics Campus Law Enforcement...2 Criminal Activity Off Campus Involving Students Campus Crime and Arrest Statistics...3 Clery Act/VAWA Crime and Incident Definitions...7 University Crime and Incident Definitions...9 State of Texas Crime and Incident Definitions.10 FBI Uniform Crime Reporting Definitions Reporting Crimes and Emergencies..13 Emergency Notification and Timely Warnings..20 Emergency Management and Evacuation Policies..18 Security and Access to Campus Facilities; Maintenance of Campus Facilities...20 Sex Offender Notification and Information..21 Sexual Assault and Sexual Offenses Policies & Resources 21 Sexual Misconduct Awareness and Prevention.22 Risk Reduction, Warning Signs of Abusive Behavior and Future Attacks.40 Bystander Intervention 41 Alcohol and Other Drug Policies and Information..43 Substance Abuse Education and Support...45 Missing Student Investigations and Policy...45 Campus Security Related Policies.45 Crime Prevention and Awareness Programs...47 Fire Safety..51 Parking and Vehicle Registration Policy 51 Frequently Asked Questions...54 Resources by Campus.57 Appendix A - Contact Information V.12.2

3 September 30, 2015 Brazos County and the College Station area is a great place to live, work, and study, full of history, and set in the picturesque Brazos Valley. In this setting it is easy to forget we are not immune to the kinds of problems that beset the rest of the world. While our community is relatively safe, crime is a reality at the Texas A&M Health Science Center (TAMHSC) and in College Station. Maintaining a safe campus requires a commitment from all of us. At the Security Department of TAMHSC, we value the partnerships we establish with members of the TAMHSC community. Successful prevention of crime occurs only with community involvement, and safety and security must be a collaborative venture. The University Police Department strives to foster and encourage student-security partnerships to aid in crime prevention and to develop and maintain positive communications and mutual understanding and trust between students and security. The police officers and staff of the security department need your help in continuing to make TAMHSC, College Station, a safer campus. The purpose of this publication is to: * Provide the TAMHSC community with an overview of the Security Department of TAMHSC services. * Share crime statistics for the last three (3) calendar years as required by the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. * Inform current and prospective students, staff, faculty, and visitors about the University s policies and programs designed to help keep them safe. * Share information regarding emergency preparedness and planning. * Share information regarding fire safety, fire statistics, and fire-related information. The Security Department of TAMHSC provides the information contained in this document as a service to the TAMHSC community and to comply with federal and state requirements. If you have any questions or concerns related to the information in this document, please contact the Security Department of TAMHSC at 8441 SH 47, Bryan, TX 77807, ( ), or by at security@tamhsc.edu. Annual Disclosure of Crime and Residential Facility Fire Statistics The Security Department of TAMHSC prepares this report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, the Crime Awareness and Campus Security Act of 1999, and the Violence Against Women Act (VAWA). This report is prepared in cooperation with local law enforcement agencies surrounding our campus and other university properties, Student Life, Student Affairs, the Dean of Students, and other university departments. Campus crime, arrest and referral statistics include those reported to the Security Department of TAMHSC, UPD, designated campus officials (campus security authorities), including but not limited to directors, deans, residential life personnel, Student Affairs personnel, advisors to students/student organizations, athletic coaches, local law enforcement agencies, and other university employees that have significant student contact. Crime statistics are collected from law enforcement agencies and campus security authorities (CSAs) on an annual basis. Refer to Appendix A for a listing of law enforcement agencies and CSAs by title for the College Station campus. Information for obtaining a copy of the Annual Security and Fire Safety Report is made available to all students, faculty and staff by with a link to the Annual Security and Fire Safety Report by October 1st of each year. A link to the Annual Security and Fire Safety Report is listed in the online enrollment application and employment application for prospective students and employees, respectively. The report is readily accessible Monday through Friday from 8 a.m. to 5 p.m. at the front desk located on the 1 st floor of the School of Public Health Building (SPH) and is also available on the Texas A&M Health Science Center Security website at V

4 A hardcopy is made available upon request at each location. Statistical information for criminal incidents reported to the security department is also filed yearly with the Texas State Police for publication in the Texas Uniform Crime Report. Information on crime in College Station and in the areas surrounding campus is available free online at Campus Law Enforcement Interagency Relationships The Texas A&M Health Science Center does not maintain Memoranda of Understanding for the investigation of alleged criminal offenses with local law enforcement agencies. However, security maintains a close working relationship with each local, state and federal law enforcement agency. The Texas A&M University Police Department is the primary law enforcement agency on the College Station campus. They may be reached at and are located at 1111 Research Pkwy, College Station, TX In an emergency situation, UPD may be reached by dialing 911 from any campus phone. Texas A&M College Station University Police Department The TAMU Health Science Center, College Station, campus is patrolled by the Texas A&M University Police Department. UPD is a full service campus police department serving all students, staff, faculty, and guests of the University. UPD has 139 authorized positions including 70 state certified Police Officers, 46 Security Officers, Communications Officers, 7 administrative support personnel, and 4 Records Technicians. The department maintains a fully staffed investigations division, a crime prevention unit, a recruiting unit, a training division, a victim advocate, and an Emergency Communications Center. Law enforcement personnel are commissioned under the Texas Commission on Law Enforcement (TCLOE). These officers have complete police authority to apprehend and arrest anyone involved in illegal acts on the university s property and in immediately adjacent areas. The officers are required to successfully complete the state lethal weapons training course and receive regular additional advanced law enforcement training. Many of the law enforcement personnel have prior state and municipal police or military experience. The department maintains a twenty-four hour communications and dispatch office. Call 911 for emergencies or for non-emergency information and general service requests. The communications office has radio and back-up emergency telephone communication links with local emergency response agencies. If minor offenses involving university rules and community standards are committed by a student, UPD may also refer the individual to the Office of Student Affairs. UPD notifies the College Station Police Department (CSPD) when major offenses such as murder, aggravated assault, robbery, and auto theft are reported, and joint investigative efforts with investigators from UPD and CSPD are deployed to solve these serious crimes. UPD officers patrol the campus around the clock, year round in marked police vehicles, on foot, and on patrol bicycles. Officers are primarily responsible for supporting a safe and secure living and working environment, emergency response, facility security and property protection, traffic and enforcement of campus parking regulations, and enforcement of applicable federal, state, and local laws, and university policies and regulations. UPD maintains a close working relationship with the College Station Police Department (CSPD). UPD staff also occasionally work with other law enforcement agencies including the Brazos County Sheriff s Office, Texas State Police, the Office of the Brazos County District Attorney, and other local, state and federal law enforcement agencies. Meetings are held between staff of these agencies on both a formal and informal basis. Personnel from UPD and CSPD communicate regularly on the scene of incidents that occur in and around the campus area. UPD has direct radio communication with Brazos County Communications and other local law enforcement agencies through the county radio system. UPD and CSPD also periodically conduct joint training and collaborate on investigations. There is no written memorandum of understanding between UPD and CSPD. V

5 Partnerships between community and the police are always stronger when the community understands and supports the role of the police and when the community is confident the actions of the police are fair and just. Students who fully understand the role of UPD and our efforts to enhance the quality of community life will be better prepared to provide advice to Public Safety to help shape policies and initiatives. The Texas A&M University Police Department is dedicated to providing excellent customer service and protection to the campus community. One of our goals is to maintain a safe learning and working environment for everyone on campus. Additionally, the University Police Department is committed to educating the campus community on personal protection and crime awareness. Criminal Activity Off Campus Involving Students The Texas A&M Health Science Center operates no off-campus housing or off-campus student organization facilities. However, many students live off campus in neighborhoods surrounding the University. While College Station Police have primary jurisdiction in all areas off campus, UPD officers can and do respond to student-related incidents that occur in close proximity to campus. When a TAMHSC student is involved in an off-campus offense, UPD may assist with the investigation in cooperation with local, state, or federal law enforcement. CSPD shares information regarding off campus crimes involving students with UPD, and may request a UPD representative be present when dealing with students in areas immediately adjacent to campus. CSPD and other local law enforcement agencies regularly provide reports of offenses committed by students to UPD and the university Office of Student Affairs. Campus Crime and Arrest Statistics The following statistics have been compiled from incidents reported to UPD, the Bryan campus security department, local law enforcement, and campus security authorities during the 2012, 2013, and 2014 calendar years. The statistics do not reflect any reports that might have been made to other departments or individuals at the university unless those individuals or departments informed UPD of the incident. Victims or witnesses may report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics. Professional counselors, when acting as a counselor, are not required to report any crimes or incidents; however, the university urges its counselors to provide statistical information should they become aware of a sexual assault incident. Comprehensive crime statistics for Texas A&M Health Science Center are also available online at the U.S. Department of Education ( and the Federal Bureau of Investigation Uniform Crime Reports (UCR) ( Crime definitions under the Clery Act and UCR may be different, so crime statistics provided in Clery and UCR reports may differ. Institutions of higher education are required to compile and report crime statistics in four categories by location. These categories are: On-Campus, In Residence Halls, Non-Campus Buildings or Property, and Public Property. Non-Campus Buildings or Property is defined as buildings or property not part of the main campus or a separate campus which is: owned or controlled by the university; and used in support or in relation to the university s educational purposes, including student housing areas. The term Public Property relates to offenses occurring on: All public property, including thoroughfares, streets, sidewalks, parks and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus. Information on crimes occurring on Public Property is also collected from local law enforcement. The table below lists 12 categories of crime or incidents, including Domestic Violence, Dating Violence, and V

6 Stalking. Each category is subdivided by where the incident reported took place: On-Campus, In a Residence Hall, on a Non-Campus Property, or on adjoining Public Property. Arrest statistics and statistics for referrals for campus disciplinary proceedings for three offense categories (Drug, Liquor, and Weapons law violations) for 2012, 2013, and 2014 are also listed below. Liquor violations primarily consist of underage possession or consumption of alcoholic beverages, and do not include driving while impaired or under the influence of alcohol, or public drunkenness. Counselors and Confidential Crime Reporting Counselors at the Student Counseling Service are licensed Professional Counselors and when acting as such, are not required to report crimes for inclusion in the annual disclosure of crime statistics. They are encouraged, if they deem it appropriate, to inform clients being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. V

7 Offense (Reported By Hierarchy) Year On Campus Non-Campus Public Property Total Unfounded Crimes Murder/Non Negligent Manslaughter Negligent Manslaughter Rape Fondling Incest Statutory Rape Robbery Aggravated Assault Burglary Motor Vehicle Theft Liquor Law Arrests Does not include DUI or Public Drunkenness Drug Law Arrests Weapons Law Arrests Liquor Law Violations Referred for Disciplinary Action Does not include DUI or Public Drunkenness Drug Law Violations Referred for Disciplinary Action Weapons Law Violations Referred for Disciplinary Action V

8 Offense (Crimes Not Reported By Hierarchy) Year On Campus Non- Campus Public Property Total Unfounded Crimes Arson Domestic Violence Reporting of statistics for this category started in 2013 Dating Violence Reporting of statistics for this category started in 2013 Stalking Reporting of statistics for this category started in There was no hate crime reported for 2014, 2013, or *NOTE: Texas A&M Health Science Center, College Station campus, does not operate residential facilities. V

9 Clery Act/VAWA Crime and Incident Definitions Murder and Non-negligent Manslaughter - The willful (non-negligent) killing of one human being by another. Negligent Manslaughter - The killing of another person through gross negligence. Sexual Assault An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, A sex offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. 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 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. 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. This includes all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned (including joyriding). 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.) 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, methadones); and dangerous non-narcotic drugs (barbituates, benzedrine). 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. V

10 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. Domestic Violence - A felony or misdemeanor crime of violence committed A) By a current or former spouse or intimate partner of the victim; B) By a person with whom the victim shares a child in common; C) By a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner; D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or E) 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 in which the crime of violence occurred. For the purposes of complying with the requirements of this section and , any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. 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. i. The existence of such a relationship shall be 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. ii. For the purposes of this definition 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 in the definition of domestic violence. For the purposes of complying with the requirements of this section and , any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. The terms domestic violence and dating violence have the meaning given such terms in section 4002(a) of the Violence Against Women Act of 1994 (42 U.S.C (a)). Stalking Engaging in a course of conduct directed at a specific person that would cause a reasonable person to A) Fear for the person s safety or the safety of others; or B) Suffer substantial emotional distress. i. For the purposes of this definition A) Course of conduct means two or more acts, including, but not limited to, acts 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) 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. For the purposes of complying with the requirements of this section and , any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Hate Crimes - Crimes that manifest evidence the victim was intentional selected because of the victim s actual or perceived race, gender, religion, sexual orientation, ethnicity or disability as prescribed by the Hate Crimes Statistics Act and Campus Security Act. V

11 University Crime and Incident Definitions Sexual harassment is a form of sex discrimination. Unwelcome sexual advances, requests for sexual favors and other verbal, nonverbal or physical conduct of a sexual nature constitute sexual harassment when this conduct is so severe, persistent or pervasive that it explicitly or implicitly affects an individual's employment, unreasonably interferes with an individual's work or educational performance, or creates an intimidating, or hostile work or educational environment. The University will use a reasonable person standard to determine these elements. Sexual harassment occurs when a person is the recipient of conduct of a sexual nature where: Submission to or toleration of such conduct is made either explicitly or implicitly a term or condition of an individual s education (including co-curricular activities) or employment; Submission to or rejection of such conduct by an individual is used as the basis for academic, co-curricular, or employment decisions affecting the individual s welfare; or Such conduct has the purpose or effect of unreasonably interfering with an individual s welfare, academic or work performance, or creates an intimidating, hostile, offensive or demeaning education (including co-curricular activities) or work environment. Sexual harassment also includes sexual misconduct (non-consensual sexual intercourse and non-consensual sexual contact) and sexual exploitation. Non-consensual sexual intercourse (See Student Rule Sexual abuse) The oral, anal, or vaginal penetration by a sexual organ of another or anal/vaginal penetration by any means against the victim s will or without his/her consent. An individual who is mentally incapacitated, unconscious, or unaware that the sexual abuse is occurring is considered unable to give consent. The type of force employed may involve physical force, coercion, intentional impairment of an individual s ability to appraise the situation through the administering of any substance, or threat of harm to the victim. Non-consensual sexual contact (See Student Rule Sexual Contact) Attempting or making sexual contact, including but not limited to inappropriate touching or fondling, against the person s will, or in circumstances where the person is physically, mentally or legally unable to give consent. Sexual exploitation (See Student Rule Stalking and Unauthorized recording) Occurs when an individual takes non-consensual or abusive sexual advantage of another for his or her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited. For example, sexual exploitation could include such actions as secretly videotaping sexual activity, voyeurism, sexually-based stalking and invasion of sexual privacy. Dating violence (See Student Rule Physical Abuse, Student Rule Sexual abuse, and Student Rule Sexual Contact) Any violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Domestic violence (See Student Rule Physical Abuse, Student Rule Sexual abuse, and Student Rule Sexual Contact) Any violence committed by a person who is or has been a current or former spouse of the victim, person with whom the victim shares a child in common, person who is cohabitating with or has cohabitated with the victim as a spouse, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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. Stalking (see Student Rule ) Any repeated conduct directed specifically at another person that causes that person [or a member of that person s family or household] to fear his/her safety. Such conduct includes following another person and acts that threaten or intimidate another person through fear of bodily injury or death of self or members of that person s family or household or an offense being committed against that V

12 person s property. State of Texas Crime and Incident Definitions Consent (Tex. Penal Code & ) Means assent in fact, whether express or apparent. Effective Consent includes consent by a person legally authorized to act for the owner. Consent is not effective if: (A) induced by force, threat, or fraud; (B) given by a person the actor knows is not legally authorized to act for the owner; (C) given by a person who by reason of youth, mental disease or defect, or intoxication is known by the actor to be unable to make reasonable decisions; or (D) given solely to detect the commission of an offense. Dating Violence (Tex. Family Code ) (a) "Dating violence" means an act, other than a defensive measure to protect oneself, by an actor that: (1) is committed against a victim: (A) with whom the actor has or has had a dating relationship; or (B) because of the victim's marriage to or dating relationship with an individual with whom the actor is or has been in a dating relationship or marriage; and (2) is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault. (b) For purposes of this title, "dating relationship" means a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of: (1) the length of the relationship; (2) the nature of the relationship; and (3) the frequency and type of interaction between the persons involved in the relationship. (c) A casual acquaintanceship or ordinary fraternization in a business or social context does not constitute a "dating relationship" under Subsection (b). Domestic Violence (Tex. Family Code ) is referred to as Family Violence. "Family violence" means: (1) an act by a member of a family or household against another member of the family or household that is intended to result in physical harm, bodily injury, assault, or sexual assault or that is a threat that reasonably places the member in fear of imminent physical harm, bodily injury, assault, or sexual assault, but does not include defensive measures to protect oneself; (2) abuse, as that term is defined by Sections (1)(C), (E), and (G), by a member of a family or household toward a child of the family or household; or (3) dating violence, as that term is defined by Section Sexual Assault (Tex. Penal Code ) (a) A person commits an offense if the person: (1) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of another person by any means, without that person's consent; (B) causes the penetration of the mouth of another person by the sexual organ of the actor, without that person's consent; or (C) causes the sexual organ of another person, without that person's consent, to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; or (2) intentionally or knowingly: (A) causes the penetration of the anus or sexual organ of a child by any means; (B) causes the penetration of the mouth of a child by the sexual organ of the actor; (C) causes the sexual organ of a child to contact or penetrate the mouth, anus, or sexual organ of another person, including the actor; (D) causes the anus of a child to contact the mouth, anus, or sexual organ of another person, including the actor; or (E) causes the mouth of a child to contact the anus or sexual organ of another person, V

13 including the actor. (b) A sexual assault under Subsection (a)(1) is without the consent of the other person if: (1) the actor compels the other person to submit or participate by the use of physical force or violence; (2) the actor compels the other person to submit or participate by threatening to use force or violence against the other person, and the other person believes that the actor has the present ability to execute the threat; (3) the other person has not consented and the actor knows the other person is unconscious or physically unable to resist; (4) the actor knows that as a result of mental disease or defect the other person is at the time of the sexual assault incapable either of appraising the nature of the act or of resisting it; (5) the other person has not consented and the actor knows the other person is unaware that the sexual assault is occurring; (6) the actor has intentionally impaired the other person's power to appraise or control the other person's conduct by administering any substance without the other person's knowledge; (7) the actor compels the other person to submit or participate by threatening to use force or violence against any person, and the other person believes that the actor has the ability to execute the threat; (8) the actor is a public servant who coerces the other person to submit or participate; (9) the actor is a mental health services provider or a health care services provider who causes the other person, who is a patient or former patient of the actor, to submit or participate by exploiting the other person's emotional dependency on the actor; (10) the actor is a clergyman who causes the other person to submit or participate by exploiting the other person's emotional dependency on the clergyman in the clergyman's professional character as spiritual adviser; or (11) the actor is an employee of a facility where the other person is a resident, unless the employee and resident are formally or informally married to each other under Chapter 2, Family Code. (c) In this section: (1) "Child" means a person younger than 17 years of age. (2) "Spouse" means a person who is legally married to another. (3) "Health care services provider" means: (A) a physician licensed under Subtitle B, Title 3, Occupations Code; (B) a chiropractor licensed under Chapter 201, Occupations Code; (C) a physical therapist licensed under Chapter 453, Occupations Code; (D) a physician assistant licensed under Chapter 204, Occupations Code; or (E) a registered nurse, a vocational nurse, or an advanced practice nurse licensed under Chapter 301, Occupations Code. (4) "Mental health services provider" means an individual, licensed or unlicensed, who performs or purports to perform mental health services, including a: (A) licensed social worker as defined by Section , Occupations Code; (B) chemical dependency counselor as defined by Section , Occupations Code; (C) licensed professional counselor as defined by Section , Occupations Code; (D) licensed marriage and family therapist as defined by Section , Occupations Code; (E) member of the clergy; (F) psychologist offering psychological services as defined by Section , Occupations Code; or (G) special officer for mental health assignment certified under Section , Occupations Code. (5) "Employee of a facility" means a person who is an employee of a facility defined by Section , Health and Safety Code, or any other person who provides services for a facility for compensation, including a contract laborer. (d) It is a defense to prosecution under Subsection (a)(2) that the conduct consisted of medical care for the child and did not include any contact between the anus or sexual organ of the child and the mouth, anus, or sexual organ of the actor or a third party. (e) It is an affirmative defense to prosecution under Subsection (a)(2): (1) that the actor was the spouse of the child at the time of the offense; or (2) that: (A) the actor was not more than three years older than the victim and at the time of the offense: V

14 (i) was not required under Chapter 62, Code of Criminal Procedure, to register for life as a sex offender; or (ii) was not a person who under Chapter 62, Code of Criminal Procedure, had a reportable conviction or adjudication for an offense under this section; and (B) the victim: (i) was a child of 14 years of age or older; and (ii) was not a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section (f) An offense under this section is a felony of the second degree, except that an offense under this section is a felony of the first degree if the victim was a person whom the actor was prohibited from marrying or purporting to marry or with whom the actor was prohibited from living under the appearance of being married under Section Stalking (Tex. Penal Code ) (a) A person commits an offense if the person, on more than one occasion and pursuant to the same scheme or course of conduct that is directed specifically at another person, knowingly engages in conduct that: (1) constitutes an offense under Section 42.07, or that the actor knows or reasonably should know the other person will regard as threatening: (A) bodily injury or death for the other person; (B) bodily injury or death for a member of the other person's family or household or for an individual with whom the other person has a dating relationship; or (C) that an offense will be committed against the other person's property; (2) causes the other person, a member of the other person's family or household, or an individual with whom the other person has a dating relationship to be placed in fear of bodily injury or death or in fear that an offense will be committed against the other person's property, or to feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended; and (3) would cause a reasonable person to: (A) fear bodily injury or death for himself or herself; (B) fear bodily injury or death for a member of the person's family or household or for an individual with whom the person has a dating relationship; (C) fear that an offense will be committed against the person's property; or (D) feel harassed, annoyed, alarmed, abused, tormented, embarrassed, or offended. (b) An offense under this section is a felony of the third degree, except that the offense is a felony of the second degree if the actor has previously been convicted of an offense under this section or of an offense under any of the following laws that contains elements that are substantially similar to the elements of an offense under this section: (1) the laws of another state; (2) the laws of a federally recognized Indian tribe; (3) the laws of a territory of the United States; or (4) federal law. (c) For purposes of this section, a trier of fact may find that different types of conduct described by Subsection (a), if engaged in on more than one occasion, constitute conduct that is engaged in pursuant to the same scheme or course of conduct. (d) In this section: (1) "Dating relationship," "family," "household," and "member of a household" have the meanings assigned by Chapter 71, Family Code. (2) "Property" includes a pet, companion animal, or assistance animal, as defined by Section , Human Resources Code. V

15 FBI Uniform Crime Reporting Definitions Effective Consent Clear Communication: Words or actions must be used to establish consent. Only a comprehensible, unambiguous, positive and enthusiastic communication of consent for each sexual act qualifies as consent. The absence of no does not equal yes. Only YES means YES. Freely and Willingly: Effective consent must be established without any coercion, including emotional, psychological or relational pressure or influence. Unimpaired Decision Making: Effective consent must be established without impairment by either person. Impairment can include the effects of alcohol or other drugs. In addition, if someone is asleep, passed out, has consumed alcohol or drugs, or is in any other way impaired, she or he cannot give legal consent. Step-by-Step: You must establish effective consent for every sex act and each time you hook up. Consenting to one sex act does not mean consenting to any other sex act. Prior sexual activity or an ongoing relationship cannot substitute for effective consent. Subject to Change: At any point during a sexual encounter both partners should be free to change their mind. If one partner changes his or her mind, then the other partner must respect the decision to limit or end sexual contact. Sexual Assault: The term sexual assault means an offense classified as a forcible or nonforcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation. Crime and Fire Log The TAMHSC, College Station campus, does not employ a security department and does not operate any residential facilities, therefore, the College Station campus, does not maintain a daily crime and fire log. Texas A&M University Police maintains a daily crime and fire log. The log is available at the UPD office in College Station, 1111 Research Pkwy, College Station, TX The facility is open 24 hours a day, 7 days a week including holidays The Crime and Fire Log contains information on all criminal incidents and alleged criminal incidents reported to campus security. The log contains specific information about reported criminal incidents, including the date the crime was reported, the date and time the crime occurred, the nature of the crime, the general location of the crime, and the disposition of the complaint, if known. When a crime or incident is reported to a College Station campus security authority (CSA), it is logged into the main campus (Bryan) crime log. The log is designed to disclose crime information on a timelier basis than the annual statistical disclosures. A crime is entered into the log as soon as it is reported to university police or campus security. This includes crimes that are reported directly to university police or campus security, as well as crimes that are initially reported to another campus security authority or to a local law enforcement agency who subsequently reports them to university police or campus security. Reporting Crimes and Emergencies The campus community (faculty, staff and students) is encouraged to report all crimes and safety related incidents to the security department in a timely manner. To report a crime or emergency on campus, call university police for emergencies, or dial from campus telephones. Blue Light emergency phones located throughout campus may also be used to directly contact campus security. The blue light emergency phones are tested on a monthly basis. Crimes should be reported to the university police department to ensure inclusion in the annual crime statistics. Police officers are available 24 hours a day year-round at the College Station campus. Crimes can be reported to the Director of Environmental Health & Safety, the Clery Compliance Officer, the Emergency Management & V

16 Business Continuity Coordinator or the university police department by phone, stopping and approaching an officer on patrol or going to the university police office in person. If you observe a crime or a suspicious activity or person, call university police immediately. Don t assume someone else has made the call. Try to provide the dispatcher with accurate, detailed information about the problem. When reporting an emergency, try to explain your needs as calmly as you can. STAY ON THE LINE until the dispatcher says it is okay to hang up. Crimes often occur in clusters. If you report a crime or a suspicious situation, you might prevent the next one from taking place. An activity which you feel is unusual may be a sign of a criminal act. It is crucial that you contact university police immediately whenever you see or hear something suspicious. University police will respond to all reports of suspicious activity - whether or not you choose to identify yourself. Your call could prevent a crime against a friend, a neighbor, or yourself. TAMHSC encourages accurate and prompt reporting of all crimes to Campus Security and/or Police, when the victim of a crime elects to, or is un-able to, make such a report. Reporting a Crime: Call university police at or ext and report any and all details of the incident. Describe the suspect s appearance, clothing, height, weight, coloring, scars or other noticeable features. Describe the suspect s vehicle, license plate number and direction of travel. To report a fire or to request an ambulance for a medical emergency, call 911. You will be connected to the Brazos County Emergency Communication Center. Make sure you tell the operator which campus building you are in. Brazos County will dispatch the fire department or ambulance and will also notify campus security. Dispatchers are available at these respective telephone numbers 24 hours a day to answer your call. In response to a call, university police will take the required action, dispatching an officer or asking the victim to respond to the university police office. University police officers respond to all reports of crimes and emergencies and may complete an Incident Report for crimes occurring on or adjacent to university property. Crime (incident) reports can be made at any time. University police incident reports involving students are forwarded to the Dean of Students office for review and potential action by the Office of Student Affairs. If assistance is required from College Station Police or the College Station Fire Department, UPD or campus security will contact the appropriate unit. If a sexual assault or rape should occur, staff on the scene, including university police, will offer the victim a wide variety of resources. Texas A&M University has a trained Sexual Violence Resource and Advocate that is available to assist a victim 24 hours a day. If you re off-campus or calling from a cell phone for non-emergency assistance, call A free campus escort service, provided by the Corps of Cadets, is also available 24 hours a day by calling A Corps member will meet the person requesting the escort and walk with him/her to most on-campus locations. Information regarding incidents of sexual misconduct may be shared with any employee of Texas A&M University. Employees who learn of an incident of sexual misconduct or other serious crime (Clery Act crimes including Murder, Manslaughter, Forcible Sex Offenses, Burglary, Robbery, Aggravated Assault, Motor Vehicle Theft, Arson, Domestic Violence, Dating Violence, Stalking or Hate Crimes) are then required to report this information to the Dean of Students or university police. Crimes should be reported to university police to ensure inclusion in the annual crime statistics and to aid in providing timely warning notices to the community, when appropriate. For example, a crime that was reported only to St. Joseph Medical Center would not be included in the Texas A&M Health Science Center crime statistics. V

17 Anonymous Reporting If you wish to report a crime anonymously, go to the Tell Somebody area of the TAMU webpage at Use this form to provide information anonymously regarding possible crimes, planned crimes, and/or law/policy violations. Once the form is completed, click the "submit" button at the bottom of the page. The contents of this form are ed directly to TAMU UPD who then notifies campus security. DO NOT send emergency or crisis information, or information on situations needing an immediate response from campus security through this link. While we follow up on all information sent through the anonymous tips site, messages sent through this site are not monitored 24 hours a day. Confidential Reporting If you are the victim of a crime and do not want to pursue action within the university disciplinary system or the criminal justice system, you may still want to consider making a confidential report to campus security. The purpose of a confidential report is to comply with your wish to keep the matter confidential, while taking steps to ensure the future safety of yourself and others. With such information, the university can keep an accurate record of the number of incidents involving students, determine where there is a pattern of crime with regard to a particular location, method, or assailant, and alert the campus community to potential danger. Reports filed in this manner are counted and disclosed in the annual crimes statistics for the institution. The information obtained in a confidential report will be shared only with those university officials who will assist in the investigation and/or resolution of the complaint. If a report of crime or incident of sexual misconduct discloses an immediate threat to the university campus community, where timely notice must be given to protect the health or safety of the community, the university may not be able to maintain confidentiality. Immediately threatening circumstances include, but are not limited to, reported incidents of sexual misconduct that include the use of force, a weapon, crimes of violence, or other circumstances that represent a serious and ongoing threat to the Texas A&M Health Science Center students, faculty, staff or visitors. Due to the fact that Texas A&M Health Science Center is a state agency, all attempts to keep information reported as confidential will be handled as such. However, the TAMHSC must abide by the Texas Right to Information Act and disclose all information when a formal request is made. The TAMHSC does not have pastoral counselors, as defined in the Clery Act. The Texas A&M Health Science Center does have professional counselors. They are encouraged; if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics. Emergency Telephones Campus telephones are located outside the main entrances of most buildings. If you need emergency assistance, pick up any campus telephone and dial There are also emergency "blue light phones" located strategically throughout campus. These blue light phones connect directly to emergency operators. The phones are activated by the touch of a button, and when the phones are activated a strobe light on the top will flash. This marks the location for the responding officer and serves as a deterrent to further criminal activity. Emergency operators will contact law enforcement and campus security to ensure officers respond quickly to the correct location. When you activate an emergency phone please provide the following information: Your location The nature of the emergency Be prepared to answer the 911 operator's questions and respond to any instructions that may be given. V