Reporting of Clery Act Crimes and/or Prohibited Sexual Conduct

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University Policy Number 1412

Categorized:

Responsible Office:

Policy Procedure: N/A

Related Law & Policy:


I. Scope

This policy applies to all University faculty, staff, and contractors, as well as students fulfilling duties requiring them to take action or respond to particular issues on behalf of the institution (e.g., Resident Advisors).

 

II. Policy Statement

The purpose of this policy is to provide guidelines for those responsible for reporting Clery Act Crimes and/or Prohibited Sexual Conduct affecting members of the Mason Community.

 

A. REPORTING OF CLERY ACT CRIMES

As an effort to promote campus safety, the University strives to keep and disclose accurate information about crime on and near its campuses by making Clery Act Crime reporting a shared responsibility. The University uses information provided by “Campus Security Authorities” (CSAs) to complete federally required public safety disclosures such as the Daily Crime and Fire Log, Emergency Notifications, Timely Warning Notifications, and the Annual Security and Fire Safety Report in compliance with the Clery Act.

Campus Security Authority Reporting Responsibilities

1. All University faculty, staff, and contractors who are not Pastoral Counselors or Professional Counselors, and all students with significant responsibility for student and campus activities are designated as CSAs, and shall, as soon as possible, notify Mason Police of all Clery Act Crimes they witness, learn of, or hear about in one of the following ways:

a) Calling Mason Police directly at 703‐993‐2810 (in an emergency, immediately call 9-1-1);

b) Completing the CSA Crime Statistics Reporting Form online at http://police.gmu.edu/clery-act-reporting/csa-form/; or

c) E-mailing Mason’s Clery Compliance Coordinator at cleryact@gmu.edu.

2. In an effort to preserve confidentiality, at the request of the victim(s) or survivor(s), identifying information such as names, initials, and contact information shall not be reported or disclosed to Mason Police and/or the Clery Compliance Coordinator.

3. CSAs are not responsible for determining authoritatively whether a crime took place—that is the function of law enforcement personnel. CSAs shall not try to apprehend the alleged perpetrator of the crime. That too is the responsibility of law enforcement. It is also not a CSA’s responsibility to try and convince a victim to contact law enforcement if the victim chooses not to do so.

4. Up-to-date Clery Act Crime definitions are available online at http://police.gmu.edu/clery-act-reporting/clery-crime-definitions/, and more information about Clery Act Crime Reporting is available at http://police.gmu.edu/clery-act-reporting/.

 

B. REPORTING OF PROHIBITED SEXUAL CONDUCT

As an effort to provide an academic and work environment free from prohibited conduct covered by University Policy 1202: Sexual Harassment and Misconduct, the University collects information from “Responsible Employees” (REs) in order to respond to all reported incidents of Prohibited Sexual Conduct affecting members of the campus community in compliance with state and federal laws.

 Responsible Employee Reporting Responsibilities

1. All University faculty and staff who are not Confidential Employees, and all student-employees who receive disclosures of Prohibited Sexual Conduct in their capacity as University Employees are designated as REs and shall, as soon as possible, report all relevant details of any incident of Prohibited Sexual Conduct to the University’s Title IX Coordinator, regardless of location, affecting any student or employee in one of the following ways:

a) Calling the Title IX Coordinator at 703-993-8730(in an emergency, immediately call 9-1-1);

b) Completing the Intake Form online at https://diversity.gmu.edu/intake-form; or

c) E-mailing Mason’s Title IX Compliance Coordinator at cde@gmu.edu.

2. When interacting with a person disclosing an incident of Prohibited Sexual Misconduct, REs shall explain their obligation to provide Mason’s Title IX Coordinator with all relevant details about the incident, offer the person available support resources, and provide assurance that only people who need to know will be told about the incident.

3. Prohibited acts covered by University Policy #1202 – Sexual Harassment and Misconduct are available online at https://universitypolicy.gmu.edu/policies/sexual-harassment-policy/, and more information about Title IX Reporting is available at https://diversity.gmu.edu/title-ix.

 

C. TRAINING

The University requires that all CSAs and REs complete training on their responsibilities and reporting requirements under this policy. The University shall provide such training on a regular basis.

 

III. Definitions

A. Campus Security Authority (CSA): CSAs include all University faculty, staff, and contractors who are not Pastoral Counselors or Professional Counselors (see definitions below). Additionally, all students fulfilling duties requiring them to take action or respond to particular issues on behalf of the institution (e.g., Resident Advisors) are also considered CSAs under this policy. Finally, vendors with day-to-day duties that are not controlled by the University are not designated as CSAs, but shall report crimes in compliance with University Policy Number 1404 – Reporting of Crimes, Accidents, Fires and other Emergencies.

B. The Clery Act: Signed into law in 1990, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the Clery Act) is a federal consumer protection law that requires colleges and universities to disclose information about campus crime activity and security policies. Information disseminated in accordance with Clery Act guidelines serves to inform the personal safety and college selection decisions of current and prospective campus community members. All post-secondary public and private institutions participating in federal student aid programs must adhere to Clery Act regulations.

C. Clery Act Crime: Any crime required by the Clery Act to be reported annually to the University community.

The following crimes are reportable under the Clery Act if they occurred on or near property owned or controlled by the University, at any point in time, and have not already been reported to Mason Police: criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that are motivated by bias); dating violence; domestic violence; stalking; and arrests and referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) carrying or possessing illegal weapons.

Up-to-date Clery Act Crime definitions are available online at http://police.gmu.edu/clery-act-reporting/clery-crime-definitions/.

D. Confidential Employee: Any employee or department who is not required to report incidents of Prohibited Sexual Conduct to the University’s Title IX Coordinator.

The following employees or departments are designated as Confidential Employees based on legal exemptions and/or their role in providing confidential support to victims and survivors of sexual violence:

Note: Although the aforementioned Confidential Employees are exempt from reporting incidents of Prohibited Sexual Conduct to the University’s Title IX Coordinator, Confidential Employees who do not meet the definition of a Pastoral or Professional Counselor (see definitions below) are not exempt from reporting Clery Act Crimes in accordance with this policy and the Clery Act, and shall, as soon as possible, notify Mason Police of all Clery Act Crimes they witness, learn of, or hear about.

E. Pastoral Counselor: A person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

F. Professional Counselor: A person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. This definition applies even to professional counselors who are not employees of the institution, but are under contract to provide counseling at the institution. An example is a professional mental health counselor, functioning in that capacity, at any of Mason’s Counseling and Psychological Services (CAPS)

G. Prohibited Sexual Conduct: Any prohibited act covered by University Policy 1202 : Sexual Harassment and Misconduct.

H. Responsible Employee (RE): All University faculty and staff who are not Confidential Employees, and all student-employees who receive disclosures of Prohibited Sexual Conduct in their capacity as University Employees. Contracted employees and vendors with day-to-day duties that are not controlled by the University are not designated as REs.

I. Title IX: Title IX of the Education Amendments of 1972  is a federal civil rights law that prohibits discrimination on the basis of sex in federally funded education programs and activities. All public and private elementary and secondary schools, school districts, colleges, and universities receiving any federal financial assistance must comply with Title IX. Title IX specifically prohibits all forms of sexual violence and harassment, including sexual assault, sexual exploitation, intimate partner violence, and stalking.

 

IV. Forms

 

V.  Dates

A. Effective Date:

This policy will become effective upon the date of approval by the Senior Vice President for Administration and Finance and the Provost and Executive Vice President.

B. Date of Most Recent Review:

 N/A.

 

VI. Timetable for Review

This policy, and any related procedures, shall be reviewed every three years or more frequently as needed.

 

VII. Signatures

Approved:

_____/S/__________

Senior Vice President for Administration and Finance

_____/S/___________

Provost and Executive Vice President

 

Date Approved: 4/19/2016