The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, a federal law that requires universities to annually compile and publish crime policies and statistics for their campuses and surrounding areas, requires a broader list of university employees to report crime statistics for inclusion in the Annual Crime Report. Prior to the recent changes in the law, Western Carolina University collected crime statistics for the campus from the Western Carolina University Police, the Jackson County Sheriff’s Office, and the Student Affairs Office.
Given the complexity of the statute, the university recognizes that it would be unrealistic to expect you to ascertain whether a given act constitutes a crime, or to be able to differentiate between similar crimes without significant legal and/or law enforcement training (e.g., differentiating between aggravated assault and simple assault or burglary and larceny). However, the new regulations imply additional liability when certain “campus security authorities” fail to adhere to reporting requirements. Therefore, we believe that the most, and perhaps only, reasonable and effective way to manage the reporting is to make the University Police the central reporting unit. Because of the complex reporting requirements required by the law, we believe the best way to manage the additional reporting is as follows:
- Step 1- If any person reveals to you that he/she was the victim of, perpetrator of, or witness to any crime (reportable or otherwise), immediately contact the University Police at 828-227-7301. Reporting a crime to the police does not mean that charges must be filed. Instead, it allows the victim, witness or perpetrator to discuss with police options for handling an incident, and helps police obtain accurate information for statistical reporting. Please be sure to provide the police with the individual’s correct name and contact point (e.g., phone number or e-mail address). We hope that this will allow you to discharge your duties under the Act with a minimum of inconvenience.
- Step 2- If you have any questions regarding reporting obligations, contact Sergeant Tammy Hagberg, University Police, 828-227-7301. Please do not investigate any reported crime! Simply make the report and appropriate University officials will gather the necessary information.
- Step 3- Each year you will be required to submit to the University the following acknowledgement.
Thank you for your assistance and cooperation in this matter. If you have any further questions regarding reporting obligations, please contact Walter M. Turner, Director, Department of Student Community Ethics at 828-227-7234 or wturner@email.wcu.edu.
BACKGROUND INFORMATION
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires universities to keep statistics and report the occurrence of the following crimes: Murder & non-negligent manslaughter; Negligent manslaughter; Aggravated assault; Arson; Burglary; Motor vehicle theft; Robbery; Sex offenses-forcible; Sex offenses-non-forcible (incest and statutory rape); Other hate crimes involving bodily injury.
In addition, Western Carolina University is required to report whether any of the above offenses were hate crimes, as well as to report any other hate crimes that involve bodily injury. Hate crimes are crimes that manifest evidence that the victim was intentionally selected because of the victims actual or perceived race, religion, sexual orientation, gender, ethnicity or disability.
Western Carolina University is further required to report theses crimes separately for a number of different physical locations. These locations each have a complex legal definition, but include locations such as: campus residential facilities, on-campus locations other than campus residential facilities, non-campus buildings or property including those owned or controlled by a recognized student organization, and public property.
The regulations require the use of federal Uniform Crime Reporting definitions (UCR) and in some instances definitions from the National Incident Based Reporting System (UCR-NIBRS). We recognize that it would be unrealistic to expect you to ascertain whether a given act constitutes a crime or to be able to differentiate between crimes without significant legal and law enforcement training (e.g., to differentiate between the crimes of aggravated assault and simple assault or between robbery and burglary).