Clery and Campus SaVE Act Compliance Policy

The University at Buffalo (UB, university) is committed to full compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Campus Sexual Violence Elimination (SaVE) Act. To promote safety and security at the university, allow university community members to make informed personal safety decisions, and maintain compliance with the Clery Act and Campus SaVE Act, the university will:

• Publish an annual security report
• Maintain a public crime log
• Disclose crime statistics for incidents that occur
  ·  On campus
  ·  In unobstructed public areas immediately adjacent to or running through the campus
  ·  At certain non-campus facilities
  
• Issue timely warnings about Clery Act crimes which pose a serious or ongoing threat to students and employees
• Issue emergency notifications about significant emergency or dangerous situations involving an immediate threat to the health or safety of students or employees
• Maintain an emergency response, notification, and testing policy
• Compile and report fire data to the federal government and publish an annual fire safety report
• Maintain policies and procedures to handle reports of missing students
• Report domestic violence, dating violence, and stalking
• Notify victims of domestic violence, dating violence, stalking, and sexual assault of their rights and support resources
• Maintain institutional policies to address and prevent campus sexual violence.

Campus Security Authorities (CSAs) are required to immediately notify University Police of reports of missing students who live in on-campus housing and document and report Clery Act crimes when these crimes occur on property controlled by the university or on public property adjacent to the campus. In order to protect the safety of the UB community, faculty and staff are strongly encouraged to report Clery Act crimes to UPD whether or not they meet the definition of a CSA or are required to report such crimes.

The university will provide annual training to CSAs regarding the Clery Act. The university will also provide training to all incoming students and employees regarding sexual assault, domestic violence, dating violence, and stalking. The university will conduct awareness campaigns to ensure that students, staff, faculty, and other members of the university community understand the required responses to sexual assault, domestic violence, dating violence, and stalking. These programs will underscore the university’s prohibition of sexual assault, domestic violence, dating violence, and stalking; and discuss bystander options, strategies for risk reduction, and relevant definitions including consent.

UPD will issue timely warnings to the university community of reported crimes that pose a serious or continuing threat to the university community, in order to enable individuals to take precautions to protect themselves and prevent similar crimes from occurring.

If a student living in on-campus student housing is determined to have been missing for 24 hours, University Police will issue a missing student notification within 24 hours of receiving the report. The notification will be sent to the student’s designated contact, parent, or legal guardian (if they are under age 18), and the law enforcement agency with jurisdiction.

Victims of sexual assault, domestic violence, dating violence, and stalking will receive written notice of their rights and options. The Students’ Bill of Rights is included as Appendix A.   

Named in honor of a student slain in her dorm room in 1986, the Clery Act requires all post-secondary institutions participating in Higher Education Act Title IV student financial assistance programs to disclose certain campus crime statistics and security information. Originally enacted in 1990, the Clery Act has been amended over the years to create additional safety and security requirements.

The Campus SaVE Act was passed in 2013 as part of the reauthorization of the Violence Against Women Act. The Campus SaVE Act amends the Clery Act by expanding the reporting categories for crime statistics (sexual assault, domestic violence, dating violence, and stalking) and the requirements for educational programming and notification of victims’ rights.

This policy applies to all university personnel who have responsibility for campus security as well as any other individual who has significant responsibilities for student and campus activities.

Annual Security and Fire Safety Report

The annual report containing required disclosures that include campus security policies, Clery Act crime statistics for the previous three years, campus fire safety policies, and fire statistics for on-campus student housing facilities for the previous three years.

Campus Security Authority (CSA)

An official of an institution who has significant responsibility for student and campus activities, including but not limited to, student housing, student discipline, and campus judicial proceedings. An official includes any person who has the authority and the duty to take action or respond to particular issues on behalf of the university. CSAs include, but are not limited to, athletics directors, coaches, and resident advisors. Advisors to student clubs, including faculty, are considered CSAs. Otherwise, faculty, clerical staff, maintenance workers, food service workers, medical doctors, and mental health counselors are exempt from mandatory disclosure requirements. 

Clery Act Crime

Crimes within the meaning of the Clery Act include:

• Criminal homicide
  ·  murder and non-negligent manslaughter
  ·  negligent manslaughter
  
• Sex-offenses
  ·  forcible (forcible rape, forcible sodomy, sexual assault with an object, forcible fondling)
  ·  non-forcible (incest, statutory rape)
  
• Robbery
• Aggravated assault
• Burglary, where
  ·  there is evidence of unlawful entry (trespass), which may be either forcible or not involve force
  ·  unlawful entry must be of a structure having four walls, a roof, and a door
  ·  there is evidence that the entry was made in order to commit a felony or theft
• Motor vehicle theft
• Arson
• Arrests or referrals for campus disciplinary action (if an arrest was not made) for:
  ·  liquor law violations
  ·  drug law violations
  ·  illegal weapons possession
• Hate crimes (reported by category of prejudice, including race, gender, gender identity, religion, sexual orientation, ethnicity/national origin, disability)
  ·  Statistics are also required for larceny/theft, simple assault, intimidation, and destruction/damage/vandalism of property if the crime committed is classified as a hate crime
• Domestic violence
• Dating violence
• Stalking

Daily Crime Log

Records, by date reported, of all crimes reported to the UPD. This log must be updated within two business days of the crime report and available to the public during business hours.

Daily Fire Log

Records, by date reported, of all fires in on-campus student housing facilities. This log must be updated within two business days of the crime report and available to the public during business hours.

Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic and/or intimate nature with the victim.

Domestic Violence

A pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.

Emergency Notification

Notice to the university community of emergency events and dangerous conditions occurring on campus or that present a threat to campus.

Good Faith

Honest intent to act without taking an unfair advantage over another person.

Hate Crime

Clery Act crimes and any incidents of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property that are motivated by bias toward race, gender, gender identity, religion, sexual orientation, ethnicity/national origin, and disability. Under the SaVe Act, domestic violence, dating violence, and stalking are also hate crimes.

Non-Campus Building or Property

Areas that do not fall under the definition of on-campus property, but where the university is still obligated to report Clery Act crimes; these include:

• any building or property owned or controlled by a student organization that is officially recognized by the university, or
• any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the university’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the university.

On-Campus Property

On-Campus properties include:

• areas owned or controlled by the university within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls, and
• adjacent buildings and properties that are frequently used by students and controlled by areas other than the university (e.g., food service vendors).

Pastoral Counselor

An individual associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and functioning within the scope of that recognition as a pastoral counselor.

Professional Counselor

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/her license or certification.

Public Property

All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, immediately adjacent to, and accessible from campus.

Reported Crime

Clery Act crime brought to the attention of a CSA or local law enforcement personnel by a victim, witness, other third party, or the offender.

Sex Offenses - Forcible

Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent. Forcible sex offenses include:

• Forcible Fondling
  The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

• Forcible Rape
  The carnal knowledge of a person, forcibly and/or against the person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity (or because of his/her youth).

• Forcible Sodomy
  Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

• Sexual Assault with an Object
  The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.

Sex Offenses - Non-Forcible

Unlawful, non-forcible sexual intercourse. Non-forcible offenses include:

• Incest 
  Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

• Statutory Rape
  Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Sexual Assault

An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress.  

Timely Warning

An alert about a potentially dangerous criminal situation that gives sufficient time and information to take appropriate precautions.

• Assist in identifying CSAs in their respective areas, and ensure that these individuals receive appropriate training and notification of their Clery Act obligations.
• Ensure that students and employees in their areas are offered sexual violence awareness and prevention training programs.

• Compile statistics of reported crimes from CSAs and local law enforcement for the university’s on-campus property, as well as any applicable non-campus building or property.
• Prepare the university’s Annual Security and Fire Safety Report.
• Provide the Annual Security and Fire Safety Report to all current UB students and employees and to all prospective UB students and employees upon request.
• Coordinate with university divisions, departments, offices, and individuals to identify an individual whose functions qualify as a CSA and inform them of their Clery Act obligations.
• Maintain the daily crime log and daily fire log.
• Issue timely warnings and emergency notifications.
• Publish and disclose missing student notification procedures.
• Issue missing student notifications.
• Keep apprised of Clery Act policies and procedures.
• Provide online training to CSAs.  

• Collect and document information regarding Clery Act crimes reported in good faith.
• Notify UPD of missing student reports.
• Notify UPD of all reported crimes.
• Submit documentation regarding Clery Act crimes to UPD.
• Participate in training regarding Clery Act policies and procedures.

• Ensure that the university provides ongoing awareness campaigns regarding sexual assault, domestic violence, dating violence, and stalking.

• Ensure that incoming employees are offered training to promote awareness of sexual assault, domestic violence, dating violence, and stalking.

• Ensure that incoming students are offered training to promote awareness of sexual assault, domestic violence, dating violence, and stalking.

Campus Security Authority (CSA) Reporting

• Contact University Police immediately when informed about a missing student who lives in on-campus housing
• Report Clery Act crimes to University Police
• Submit documentation of the crime to University Police
  ·  CSAs are not responsible for determining authoritatively whether a crime actually took place
  ·  CSAs should not try to apprehend the alleged perpetrator of the crime
  ·  CSAs are not responsible for trying to convince a victim to contact law enforcement if the victim chooses not to do so

University Police

• Annually by October 1, distribute to all enrolled students and current employees a copy of the Annual Security and Fire Safety Report.
  ·  This can be accomplished via direct mailing or posting the report on a website that is reasonably accessible to enrolled students and to current employees. When posting online, the university will send a notice about the report to students and employees
  ·  This notice must include a statement of the report's availability, the exact electronic address at which the report is posted, a brief description of the report's contents, and a statement that the institution will provide a paper copy of the report upon request
• Provide a copy of the Annual Security Report and Fire Safety Report to prospective employees and students.

The State University of New York and UB are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in university-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:

All students have the right to:

1. Make a report to local law enforcement and/or state police;
2. Have disclosures of domestic violence, dating violence, stalking, and sexual violence assault treated seriously;
3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressures from the institution;
4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
6. Be free from any suggestion that the reporting individual or victim/survivor is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
7. Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident;
8. Be free from retaliation by the university, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of UB;
9. Access to at least one level of appeal of a determination;
10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process;
11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the university.

Options in Brief

Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:

• Receive resources, such as counseling and medical attention;
• Confidentially or anonymously disclose a crime or violation (for detailed information on confidentiality and privacy, visit Options for Confidentially Disclosing Sexual Violence).
• Make a report to:
  ·  An employee with the authority to address complaints, including the Title IX Coordinator, a Student Conduct employee, or a Human Resources employee;
  ·  University Police;
  ·  Local law enforcement; and/or
  ·  Family Court or Civil Court.   

Copies of this Bill of Rights will be distributed annually to students, made available on the UB website, and posted in each campus residence hall, dining hall, and student union or campus center and will include links or information to access the Sexual Violence Response Policy and the Options for Confidentially Disclosing Sexual Violence.