Campus Security Authority

1000.370 CAMPUS SECURITY AUTHORITY PROCEDURE

Upon receiving a good faith report of a Clery Act crime* or hate crime** which is reported to have occurred on campus, on public property or on non-campus property, persons designated as Campus Security Authorities (CSAs) are required to file a report in the manner identified in this procedure.

This procedure does not relieve individuals identified as CSAs of possible additional reporting responsibilities under Title IX. CSAs who receive a report of sexual assault, discrimination or discriminatory harassment, sexual harassment and other sexual misconduct should review the discrimination or discriminatory harassment and sexual harassment procedures.

*Clery Act Crimes: Murder/non-negligent manslaughter, negligent manslaughter, forcible sex offenses (rape and forcible fondling), statutory rape, incest, robbery, aggravated assault, burglary, motor vehicle theft, arson, stalking, dating violence, domestic violence, liquor law violations, drug violations and/or illegal weapons possession. See definitions below.

**Hate Crime: A criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, gender identity, ethnicity or national origin. Bias related crimes that are reportable as hate crimes include murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, dating violence, domestic violence, stalking, larceny, vandalism, intimidation and simple assault. See definitions below.

A. PURPOSE:

The purpose of this procedure is to set forth crime reporting requirements for all employees who are designated by role or position as Campus Security Authorities (CSAs) in accordance with the Clery Act federal crime reporting law for the purposes of accurate statistical reporting as well as the assessment of incidents for the need to issue a timely warning to the college community. The intent of including non-safety and security personnel in the CSA role is to acknowledge that some community members, and students in particular, may be hesitant about reporting crimes to local law enforcement and then safety and security personnel, but may be more inclined to report incidents to other campus-affiliated individuals.

B. SCOPE:

This procedure applies to all college employees, including student employees and volunteers, who have significant responsibility for campus security or student and campus activities, including, but not limited to safety and security staff, designated student life and student services employees, resident advisors, academic deans, advisors to student groups, and coaches and other athletic department administrators. Employees falling within these categories are deemed by the college to be CSAs and will be notified of their responsibilities under this procedure and be given on-line training administered by the human resources training portal. CSAs are determined by their position and specific duties they perform, not by the title they hold.

C. PROCEDURE:

1. Identification and Notification of CSAs.
   1. The specific job positions will identify those individuals whose job responsibilities place them in the role of a CSA. This will be confirmed by the vice president or designee of each division, clarifying roles and responsibilities of each position. The list of CSAs is available on the campus security authority webpage and in the Annual Clery Report maintained and updated by the college public safety office, in collaboration with the office of human resources.
   2. The college public safety office shall annually notify CSAs in writing of their role and responsibilities for reporting crimes in accordance with this procedure. The college public safety office shall ensure that CSAs are adequately trained and will establish the method and delivery of training to CSAs based on their roles and responsibilities. These methods may include online training, in person training or training in the form of written materials.
2. Responsibilities of CSA’s
   1. When a crime is reported to a CSA, first ask the person if they would like to report it to the local law enforcement (Wenatchee Police Department (509) 663.9911), and then campus public safety office (509) 682.6659). You may also file an online report via the Incident Report form. If the CSA has firsthand knowledge/confirmation that the reporting party filed a report with the campus public safety office, they too should  to complete and submit a report via the Incident Report form, since they are a third party witness. However, if the reporting party says they will file a report with the local law enforcement or campus public safety office and leaves (thus, no CSA firsthand knowledge/confirmation that a report was filed), then the CSA must still report the incident to the campus public safety office.
   2. Timely reporting by the CSA to the crime is extremely important. If a serious crime that may cause an ongoing threat to the college community is reported to anyone who is defined as a CSA, that individual should not delay reporting the incident to the local law enforcement and to the college public safety office. The college has a responsibility to notify the campus community about any crimes which pose a serious or ongoing threat to the community, and as such, CSAs are obligated by law to report crimes immediately to the local law enforcement and to the college public safety office. If there is any question about whether a serious or ongoing threat exists, immediately contact local law enforcement and the college public safety office.
   3. CSAs should base their report on the good faith belief of the reporting person and should not investigate the incident or judge the credibility of the reporting person.
   4. CSAs are required reporters regardless of the wishes of the reporting person, victim, witness or offender to have the matter reported in accordance with this procedure.
   5. The college permits victims or witnesses to report crimes to CSAs on a voluntary, anonymous basis (and includes such anonymous reports in reported annual security report crime totals) but encourages individuals who report crime to provide identifying information so that the college can adequately investigate the report. Should the reporting person wish to remain anonymous, CSAs are not required to provide the name of the reporting person or any other involved party.
3. Reporting Procedures for CSAs
   1. Any CSA who wishes to report crimes in a way that maintains the confidentiality of the involved parties may do so by using the online incident report form.
   2. The college public safety office reports Clery Act crimes or hate crimes using the departmental records management system software Simplicity in accordance with departmental procedures.
   3. Resident assistants in the residence hall should report Clery Act crimes through the completion of an incident report form or by one of the other methods described below. The director of student life or his/her designee is responsible for forwarding reports of Clery Act crimes or hate crimes to the college public safety office.
   4. The vice president of student affairs should report referrals for drug and liquor law offenses to the college public safety office on an annual basis for inclusion in the annual security and fire safety report. The vice president of student affairs is required to report all other Clery offenses and hate crime offenses in the manner described below.
   5. All other CSAs should report Clery Act crimes or hate crimes without unnecessary delay, through any of the following methods:
      1. By reporting the incident to the college public safety office by calling (509) 682-6659.
      2. By personally notifying the college public safety office by phone, email or letter.
      3. By completing the online Incident Report form.
      4. By calling local law enforcement to report the crime.

D. DEFINITIONS per 34 CFR § 668.46:

Campus Security Authority: Campus security authority is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution: 1) a campus police or security department; 2) any individual or group of individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department; 3) any individual or organization specified in an institution’s statement of campus security procedure as an individual or organization to which students and employees should report crimes; 4) 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 is defined as any person who has the authority and the duty to take action or respond to particular issues on behalf of the institution. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting as a pastoral or professional counselor.

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.

Any building or property that is within or reasonably contiguous to the area identified in paragraph (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as food or other retail vendors).

Non-Campus Property: 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. Examples include but are not limited to off-campus athletic fields, stadiums, tracks, and other venues owned or leased by the college for athletic practices or events, as well as off campus property owned or leased by the college used for distance and continuing education classes. Non-campus properties also include certain foreign locations, where the college has a written agreement to own or control housing.

Public Property: All thoroughfares, streets, sidewalks, and parking facilities that are within the campus, or immediately adjacent to and accessible from the campus.

Report: Crimes are considered “reported” when brought to the attention of a CSA by a victim, witness, other third party or even the offender.

Timely: As soon as pertinent information about an incident is available, but without unnecessary delay.

E. CLERY ACT AND HATE CRIME DEFINITIONS

The following definitions are to be used for reporting the crimes. There are many websites with definitions obtained from the Campus Crime Reporting Handbook of 2016, however, that handbook was rescinded in 2020 due to the fact the definitions had been broadened beyond the scope of the Clery Act. The following definitions are from the code of federal regulations 34 CFR § 668.46 and the Federal Bureau of Investigation National Incident-Based Reporting System User Manual. PDF version

Arson: To unlawfully and intentionally damage or attempt to damage any real or personal property of another person or entity by fire or incendiary device.

Criminal Homicide-Manslaughter by Negligence: The killing of another person through gross negligence.

Criminal Homicide-Murder and Nonnegligent Manslaughter: The willful (nonnegligent) killing of one human being by another.

Robbery: The taking of anything of value from the control, custody, or care of another person by force or threat of force and/or by putting the victim in fear of immediate harm.

Aggravated Assault: An unlawful attack by one person upon another wherein the offender uses a dangerous weapon or displays it in a threatening manner, or the victim suffers obvious severe or aggravated bodily injury, or where there was a risk for serious injury/intent to seriously injure.

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. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned including joyriding.)

Weapon Law Violations: 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 offense includes violations such as the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., silencers; and furnishing deadly weapons to minors.

Drug/Narcotic Violations: Violations of State and local laws relating to the unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation, or importation of any controlled substance. possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include, but is not limited to: LSD, PCP, opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); hallucinogens, methamphetamines, and dangerous nonnarcotic drugs (barbiturates, Benzedrine).

Liquor Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages. Liquor law violations include violation of laws/ordinances prohibiting the maintenance of unlawful drinking places; operating without a liquor license; underage drinking; furnishing liquor to a minor; bootlegging; operating a still; using a vehicle for the illegal transportation of liquor; etc.

Sexual Assault (Sex Offenses): Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent. Include attempted Sexual Assaults, but do not include in your Clery Act statistics any Sexual Assaults other than the four types of Sexual Assaults described in this chapter.

• Rape: is 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. This offense includes the rape of both males and females.
• Fondling: The touching of the private body 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.
  • Consent: Giving permission for something to happen. In the state of Washington, a person must be 16 years old to consent to any sexual activity. If under the age of 18 (16 or 17 years old) the person's partner must be no more than 5 years (60 months) older than them.
    Domestic Violence: felony or misdemeanor crimes of violence committed by:
• A current or former spouse or intimate partner of the victim.
• A person with whom the victim shares a child in common.
• A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner.
• 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
• 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.

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.

Where the existence of such a relationship shall be determined based on the reporting party's statement and with consideration of the following factors:

• The length of the relationship.
• The type of relationship.
•  The frequency of interaction between the persons involved in the relationship.
  
  For the purposes of this definition—
  
  
• Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
• Dating violence does not include acts covered under the definition of domestic violence.

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.
  
  For the purposes of this definition—
  
  
• Course of conduct means two or more acts, including, but not limited to, acts in 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.
• A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
• Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Hate Crime: A crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. For the purposes of this section, the categories of bias include the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. Examples of negative attitudes or opinions of categories of bias are:

• Race: 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).
• Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
• Religion: 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., Catholics, Jews, Protestants, atheists).
• Sexual Orientation: A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
• Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
• National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
• Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
• Disability: 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.

In addition, the following crimes are also considered hate crimes under the Clery Act:

• Larceny-Theft: is the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. (Larceny and theft mean the same thing in the UCR.) Constructive possession is the condition in which a person does not have physical custody or possession but is in a position to exercise dominion or control over a thing.
• Simple Assault: is an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
• Intimidation: is to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
• Destruction/Damage/Vandalism of Property: is to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Approved by the president’s cabinet: 4/23/24
Last reviewed: 4/23/24
Policy contact: Human Resources and Safety, Security Emergency Management

Related policies, procedures and other resources
000.330 Discrimination & Discriminatory Harassment Policy
000.340 Sex Discrimination/Title IX Investigation Procedure
000.370 Campus Security Authority Policy
1000.330 Discrimination & Discriminatory Harassment Procedure
1000.340 Sex Discrimination/Title IX Investigation Procedure
1000.345 Sex Discrimination/Title IX Employee Disciplinary Hearing Procedure
1000.360 Child Abuse or Neglect Reporting Procedure

WVC Campus Security Authority Resources Website
Clery Center

 

 

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