95.15 Crime Reporting and Programs and Campuslawenforcement and Crime Reporting

95.15 Crime Reporting and Programs and CampusLawEnforcement and Crime Reporting.

July 27, 2012

Updated August 21, 2013

Preamble: The Clery report requires policies concerning campus law enforcement, crime reporting and the reporting role, if any, for pastoral and professional counselors.

Preamble: ThispolicywascreatedtocomplywiththeJeanneCleryActwhichrequirestheuniversitytodisclosepoliciesconcerning campus law enforcement, on how to crime reporting and reporting role, if any, for pastoral and professional counselors emergencies, non-emergency criminal actions, security and safety concerns, confidential reporting, and campus law enforcement.

Contents:

1. Definitions:

1. Policy[TA(1]

BA-1. Campus Law Enforcement: The enforcement authority of security personnel, including their relationship with Sstate and local police agencies and whether those security personnel have the authority to arrest individuals.

BA-2. Crime Reporting: Accurate and prompt reporting of all crimes to campus security and the appropriate police agencies is encouraged.

BA-3. Role of Pastoral and Professional Counselors: Procedure, if any, that encourages pastoral and professional counselors – if and when they deem appropriate – to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.

1. Procedures.

C-1. Campus Law Enforcement Authority (see A-1 abovereference B-1)[TA(2]

1. Police services are provided by Moscow Police Department under a contract between the Regents of the University of Idaho and the City of Moscow. The Moscow Police Department has full police authority to investigate, apprehend, and arrest and to enforce applicable laws and ordinances on the campus. The Moscow Police have jurisdiction over streets, alleys and other public areas. Fraternities and sororities are located in the City of Moscow and receive police services from the Moscow Police Department. The Moscow Police Department interacts with federal, state and local law enforcement agencies. The contract with the City of Moscow for police services provides for the services of nine (9) FTE officers. When spread over 24-hours a day, 365 days a year this staffing level generally allows one or two officers to be on the campus or in adjacent areas of the city at all times, although variations will occur. There is a Police Sub-Station on the Moscow campus, located in the Idaho Commons at 875 S. Line Street.
2. The University of Idaho Campus Security (Campus Security) services are managed through the Department of Public Safety and Security at the University of Idaho. The mission of the University Campus Security is to create a safe and, secure campus to by providinge an safe educational envirornment through a community approach to security, the promotion of personal safety, and awareness and the deterrence of crime. They strive to preserve this safe and healthy [TA(3]environment through quality training, effective leadership, and collaboration with the Moscow Police Department.
3. To make the University safer, the non-sworn, unarmed Campus Security team’s core duties are:

i)Performing regular visible patrols of the facilities to watch for potential safety hazards and crimes;

ii)Checking to ensure buildings are locked and secured;

iii)Documenting detected problems;

iv)Escalating issues to the University staff that has responsibility for the area/facility or to the Moscow Police Department as directed; and

v)Providing Ssafe Wwalk services by accompanying students, faculty, and/or staff across campus to make sure they can safely traverse the campus without fear of personal harm.

C-2. Accurate and Prompt Reporting (see reference BA-2 above)[TA(4]

1. All students, faculty, staff, and visitors are encouraged to promptly and accurately report criminal incidents, accidents, emergencies and non-emergencies.
2. If there is an emergency on campus, call 911. For non-emergencies and other reports, call Campus Security at (208) 885-7054 on the 24/7 line, or the Office of Public Safety and Security (contact information below) during campus business hours.

C-3. Pastoral and Professional Counselor Reporting (referencesee BA-3 above)[TA(5]

The University Counseling and Testing Center provides a supportive and confidential environment for students to explore their concerns and learn new skills to deal more effectively with problems that may be interfering with their personal well-being and academic goals. Crisis appointments are also available during normal operating hours, and for after-hours crisis intervention students may call the CTC at (208) 885-6716. Professional counselors at the University are encouraged, if and when they deem appropriate, to inform those they counsel of the procedures for reporting crimes voluntarily for inclusion in the annual security and fire safety report.

D. Contact Information

The Office of Public Safety and Security

875 Perimeter Drive, MS 2281

Moscow, ID 83844-2281

208-885-2254

Fax: 208-885-7001

A.Definitions

B.Reporting Crimes, Non-Emergency Criminal Incidents, and Limited Voluntary Confidential Reporting

C.Professional Counselor Reporting

D.Timely Warning

E.Campus Law Enforcement and Security

F.Crime Prevention Programs

G.Criminal Activity Off-Campus

H.Disclosing to Alleged Victims of Crimes of Violence

I.Daily Crime Log

J.Annual Disclosure

K.Contact Information

L.Forms

A. Definitions. Many of the below definitions have been taken from the Clery Act, Idaho Code, National Incident-Based Reporting System or Uniform Crime Code.

A-1. Alcohol Law Violations. The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Includes the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor, drinking on train or public conveyance; and attempts to commit any of the above.

A-2. Arrest. Persons processed by arrest, citation or summons, including any situation where a person in lieu of actual arrest is summoned, cited, or notified to appear before a court or similar official for a violation of the law.

A-3. Aggravated Assault. An unlawful attack by one person upon another for the purposes 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.

A-4. Annual Security and Fire Safety Report. A report that includes reporting crimes, emergencies and non-emergencies, the university policies on security and safety, and discloses crimes and fire statistics.

A-5. 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, or personal property of another.

A-6. Burglary. The unlawful entry of a structure to commit a felony or a theft.

A-7. Campus Security Authority. An Official of the University who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings, and to whom crimes are most likely to be reported. Campus security authorities for the University of Idaho include the following: (i) faculty advisers to student organizations, (ii) athletic team coaches, (iii) the Director of Athletics, (iv) the Senior Associate Athletics Director - Administration, (v) the Chair of the Department of Movement Sciences, (vi) the Assistant Vice President for Student Affairs, (vii) the Dean of Students, (viii) the Director of Greek Life, (ix) the Director of Violence Prevention (x) Campus Recreation Operations Supervisor, (xi) Non-Sworn Campus Security Officers, (xii) the Director of Emergency and Security Services, (xiii) the Risk Management Officer, (xiv) the Director of Housing, (xv) resident advisors, and (xvi) the Associate Vice Presidents of the Coeur d’Alene, Boise, and Idaho Falls Higher Education Centers. Pastoral Counselors and Professional Counselors are not considered campus security authorities when working in their professional capacity. See APM 95.14.

A-8. Clery Act. Federal law originally called Crime Awareness and Campus Security Act of 1990. The act was amended in 1998 and the name was changed to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in memory of a student who was slain in her dorm room in 1986.

A-9. Clery Crimes. Criminal Offenses, Hate Crimes, and Arrests and referrals for disciplinary action for alcohol, drug or weapon related criminal offenses that occur on campus, on University owned, controlled, or leased property, and public property within or immediately adjacent to our campus.

A-10. Criminal Homicide. The willful, non-negligent, killing of one human being by another.

A-11. Criminal Offenses. Murder/non-negligent manslaughter, negligent manslaughter, forcible sex offenses, non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, and arson.

A-12. Disability Bias. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments/challenges, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

A-13. Drug Arrest. The violation of laws prohibiting the production, distribution and / or use of certain controlled substances and the equipment or devices utilized in their preparation and / or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or for violations of state and local laws, specifically those related to the unlawful possession, sale use, growing, manufacturing and making of narcotic drugs.

A-14. Emergency Notification. Immediate notification issued by Emergency Security Services to the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on campus.

A-15. Emergency Response Plan. A basic guide for personnel to implement in response to major disasters occurring on UI property.

A-16. Ethnicity/National Origin Bias. A preformed negative opinion or attitude toward a group of persons of the same race or national origin who share common or similar traits, languages, customs, and traditions, e.g., Arab, Asian, Hispanic, etc.

A-17. Gender Bias. A preformed negative opinion or attitude toward a group of persons because those persons are male or female. (Crime description obtained from Uniform Crime Code.)

A-18. Hate Crime. Crimes in which the victim was intentionally selected because of the perpetrator’s bias based on the victim’s race, gender, religion, sexual orientation, ethnicity/national origin, or disability. Hate Crimes for the following offenses must be reported: murder/non-negligent manslaughter, forcible sex offenses, non-forcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, vandalism, intimidation, simple assault, and damage/destruction/vandalism of property.

A-19. Incident Report. A document used to report offenses. A link to the Incident Report can be found in section L.

A-20. Intimidation. The malicious and specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry, or national origin, to: (a) Cause physical injury to another person; or (b) Damage, destroy, or deface any real or personal property of another person; or (c) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts described in subsections (a) and (b) of this section will occur.

A-21. Larceny Theft. Pocket picking, purse snatching, shoplifting, theft from a motor vehicle, theft of motor vehicle parts and accessories, theft of bicycles, theft from open buildings, and theft from coin operated device or machine and all other larceny. All other larceny would include, but is not limited to, theft from fenced enclosures, boats and airplanes, theft of jet skis, animals, lawnmowers, lawn furniture, hand tools, farm and construction equipment where no breaking or entering of a structure is involved, theft following illegal entry of a tent, tent trailer, or travel trailer used for recreational purposes, theft of airplanes, bulldozers, and motorboats, and theft of gasoline from a self-service gas station.

A-22. Motor Vehicle Theft. The theft or attempted theft of a motor vehicle.

A-23. Murder/Non-Negligent Manslaughter. The willful, non-negligent, killing of one human being by another.

A-24. Negligent Manslaughter. The killing of another person through gross negligence.

A-25. Non Campus. Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

A-26. On Campus. Any building or property owned or controlled by an institution 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. Also considered On Campus would be any building or property that is within or reasonably contiguous and owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes.

A-27. Official of the University. Any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution.

A-28. Professional Counselor. Professional counselor is an employee of the university whose official responsibilities include providing psychological counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification. Professional counselors are not considered campus security authorities if they are told of the situation while working in their professional capacity.

A-29. Public Property. All public property, including thoroughfares, streets, sidewalks, and parking facilities, that are within the campus, or immediately adjacent to and accessible from the campus.

A-30. Racial Bias. A preformed negative attitude toward a group of persons who possess common physical characteristics (e.g., color of skin, eyes, and/or hair; facial features, etc.) genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind (e.g., Asians, blacks, whites).

A-31. Referred for Disciplinary Action. A referral made by any person to any Official of the University who initiates a disciplinary action in which a record is kept and may result in the imposition of a sanction.

A-32. Religious Bias. A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being (e.g. atheist, Catholics, Jews, Protestants, atheists).

A-33. Residential Facilities. Residence halls, dorms, or other residential facilities for students on campus.

A-34. 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.

A-35. Sex Offense, Forcible, 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 in instances 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.

A-36. Sex Offense, 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 in instances 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.

A-37. Sex Offense, Forcible, Sodomy. Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will in instances 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.

A-38. Sex Offenses, Forcible, Rape. The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will in instances where the victim is incapable of giving consent because of his/her temporary or permanent mental or physical incapacity. If force was used or threatened, the crime should be classified as forcible rape regardless of the age of the victim. If no force was used or threatened and the victim was under the statutory age of consent the crime should be classified as statutory rape.

A-39. Sex Offense, Non-forcible, Incest. Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

A-40. Sex Offense, Non-forcible, Statutory Rape. Non-forcible sexual intercourse with a person who is under the statutory age of consent.

A-41. Sexual Orientation Bias. A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex (e.g., gays, lesbians, heterosexuals).

A-42. Simple Assault. An unlawful attack by one person upon another for the purposes of inflicting bodily injury that did not involve a firearm, knife, cutting instrument or other dangerous weapon and the victim did not sustain serious or aggravated injuries.

A-43. Timely Warning. An alert giving to the campus community for potentially dangerous situations or a safety or security threat to the campus community that is of an ongoing nature.

A-44. Unit: refers to primary management units within the University of Idaho (University), including recognized colleges, departments, institutes, administrative offices/centers, such as the Division of Finance and Administration, or the Research Office, and recognized University Centers located remote from the main campus, such as Idaho Falls.

A-45. Vandalism. Maliciously injure or destroy any real or personal property not owned, or jointly owned property without permission of the joint owner, or any property belonging to the community of the person’s marriage.

A-46. Weapons Violation Arrest. The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature.