Annual Crime Report
In November 1990, the Crime Awareness and Campus Security Act (Title
II, Public Law 101-542) was signed into law. This law requires universities
to produce and make available certain policy statements and statistics
about campus crime. In November of 1999 this Act was renamed the Jeanne
Clery Disclosure of Campus Crime Statistics Act or simply, The Clery
Act. It is the policy of Appalachian State University to publish by
October 1st of each school year an annual security report that informs
current students and employees of its safety and security policies,
procedures and practices. Our annual report will also disclose statistics
from the previous three years concerning reported crimes that occurred
on campus, in certain off-campus buildings or property either owned
or controlled by the University and owned or controlled by student
organizations recognized by the University, and on public property
within or immediately adjacent to and accessible from the campus. The
Clery Act report is found in its entirety below. Also, anyone wishing
a paper copy of the full report can request one by mailing a request
to:
Appalachian State University Police Department
ASU Box 32113
Rivers Street
Boone, NC 28608-2113
VIEW THE CRIME REPORT
PURPOSE:
To establish a policy and procedures to comply with the Jeanne
Clery Disclosure of Campus Crime Statistics Act (or simply, The Clery
Act), formerly known as the Crime Awareness and Campus Security Act
of 1990 (Title II, Public Law 101-542) and its amendments.
DEFINITIONS;
A. The criminal offenses and violations that must be reported
are defined in accordance with the Federal Bureau of Investigation's
Uniform Crime Reporting Program and the Clery Act as follows:
1. Murder and Non-Negligent Manslaughter - the willful (non-negligent)
killing of one human being by another.
2. Negligent Manslaughter - the killing of another person through
gross negligence.
3. 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.
4. Aggravated Assault - an unlawful attack by one person upon another
for the purpose 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.
5. Burglary - the unlawful entry of a structure to commit a felony
or 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.
6. Motor Vehicle Theft - the theft or attempted theft of a motor vehicle.
For reporting purposes include all cases where automobiles are taken
by persons not having lawful access even if the vehicle was later abandoned,
including joyriding.
7. 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.
8. 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. For reporting the victim is incapable of giving consent. For
reporting purposes this includes forcible rape, forcible sodomy, sexual
assault with an object and forcible fondling.
9. Sex Offenses, Non-Forcible - unlawful, non-forcible sexual intercourse.
For reporting purposes this includes incest and statutory rape.
10. Drug Abuse Violations - violations of state and local laws relating
to the unlawful possession, sale, use, growing, manufacturing and making
of narcotic drugs.
11. Liquor Law Violations - violation of laws or ordinances prohibiting
the manufacture sale, transporting, furnishing, possessing of intoxicating
liquor. Maintaining unlawful drinking places; bootlegging; operating
a still; furnishing liquor to a minor or intemperate person, using
a vehicle for the illegal transportation of liquor; drinking on a train
or public conveyance; and all attempts to commit any of the aforementioned.
12. Weapon Law Violations - violation of laws or ordinances dealing
with weapon offenses, regulatory in nature, such as: manufacture, sale,
or possession of deadly weapons; carrying deadly weapons, concealed
or openly; furnishing weapons; and all attempts to commit any of the
aforementioned.
13. Hate Crimes - violations of the above listed crimes, except drug,
liquor and weapons violations and any other crime involving bodily
injury where the victim was intentionally selected on the basis of
actual or perceived race, gender, religion, sexual orientation, ethnicity
or disability the hate crime must be reported according to the category
of hate, bias or prejudice.
B. Offenses are to be reported by separate geographical locations
as defined below:
1. On campus - any building or property owned or controlled by Appalachian
State University within the Town of Boone that is used by Appalachian
in direct support of, or in a manner related to, our educational mission.
Any property within the Town of Boone owned by Appalachian State University
but controlled by another person, if that property is used by students
and supports our purposes.
2. Non-Campus Building or Property - any building or property owned
or controlled by a student organization recognized by Appalachian State
University. Any building or property (other that an branch campus)
owned or controlled by Appalachian that is used in direct support of
our educational mission, is frequently used by students, and is outside
the Town of Boone.
3. Public Property - all public facilities and property including
roads, thoroughfares, streets, sidewalks and parking facilities that
are either within the campus or immediately adjacent to and accessible
from the campus.
4. On Campus Residential Facilities - for Clery Act reporting purposes,
this requires a separate reporting category. All incidents that occur
in a residential facility will also occur "on campus" and
thus must be counted in each category.
C. Other Important Definitions.
1. Business Day - Monday through Friday, excluding any day when the
University is closed.
2. Campus Security Authority - any official of Appalachian State University
who has a significant responsibility for campus security and for certain
student and campus activities, including the following:
(a.) the Appalachian State University Police Department;
(b.) any individuals not employed by Appalachian State University
Police Department but having responsibility for monitoring entrance
into institutional property (e.g., security guards employed for special
events on institutional property);
(c.) the Director of Athletics and team coaches;
(d.) the Appalachian State University Equity Office;
(e.) the following divisions within the Division of Student Development:
Residence Life and Housing; Student Judicial Affairs; Student Programs;
Recreation; Center for Student Involvement and Leadership.
3. Prospective Employee - an individual who has contacted an official
of Appalachian State University for the purpose of requesting information
concerning employment.
4. Prospective Student - an individual who has contacted an official
of Appalachian State University for the purpose of requesting information
concerning admissions.
5. University - refers to Appalachian State University, a constituent
institution of The University of North Carolina with its main campus
located in Boone, North Carolina.
6. Pastoral Counselor - a person who is associated with a religious
order or denomination that recognizes him/her as someone who provides
confidential counseling, and is functioning within the scope of that
recognition as a university pastoral counselor.
7. Professional Counselor - is a person whose official responsibilities
include providing mental health counseling to members of the university
community and is functioning within the scope of his/her license or
certificate.
8. Referred for campus disciplinary action - the referral of any student
to any campus official who initiates a disciplinary action of which
record is kept and which may result in the imposition of a sanction.
GENERAL POLICY:
On November 8, 1990, the Crime Awareness and Campus
Security Act (Title II, Public Law 101-542) was signed into law. This
law requires universities to produce and make available certain policy
statements and statistics about campus crime.
This University policy is adopted to comply with Public Law 101-542,
as amended.
It is the policy of the University to publish by October 1st of each
school year an annual security report that informs current students
and employees of the safety and security policies, procedures and practices
listed below. The annual security report will also disclose statistics
from the previous three years concerning reported crimes listed under
definitions (paragraph A above), that occurred: On campus; in certain
off campus buildings or property, either owned or controlled by the
University or owned or controlled by a student organization recognized
by the University; and on public property within, or immediately adjacent
to and accessible from the campus. This information will be made available
to prospective students, prospective employees, and others upon request.
Other information required by Public Law 101-542, its amendments and
pertinent regulations shall also be made available at least annually
through appropriate publications.
It is also the policy of the University that students and employees
are ultimately responsible for their own safety and security. Nothing
in this policy or other publications of the University is intended
to represent the University as an insurer of any individual's personal
safety or security. Students, employees and visitors are expected to
use caution and good judgment, and make decisions to ensure their own
safety.
POLICY DETAILS:
A. Policy for reporting criminal actions or emergencies
On-campus violations of state and federal criminal statutes are reported
to the University Police Department, which has primary responsibility
for security on campus. Reports of crimes may be made to other campus
security authorities as defined in paragraph C2 above. Campus security
authorities will refer all reportable offenses to the University Police
Department. Reports of crimes may also be made anonymously to the Watauga
County Crimestoppers by calling 262-4555. Crimestoppers will keep the
caller's identity confidential and will refer all crimes that occur
on campus to the University Police. All reports are investigated and
the perpetrators are either prosecuted, referred to the Office of Student
Judicial Affairs for discipline under the Code of Student Conduct,
or both. University Police officers prepare cases and testify in court
or disciplinary hearings as necessary.
The North Carolina State Bureau of Investigation and other law enforcement
agencies may assist with investigations upon request. Reports of felony
violations and certain misdemeanor violations which occur on campus
are routinely reported to the Division of Criminal Information (a division
of the State Bureau of Investigation) each month.
The University Police Department is the contact point for the reporting
of all campus emergencies and crimes. Officers responding to an emergency
or crime will assess the situation and obtain additional assistance
as needed.
The University Police in coordination with Student Development shall
make timely warning reports (Crime Alerts) to the campus community,
concerning any crime that is considered to be a threat to students
or employees when such a crime is reported to a campus security authority,
or reported to local law enforcement agencies and brought to the attention
of the University Police Department. The University Police Department
is responsible for collecting all applicable crime statistics from
campus security authorities and other law enforcement agencies and
disclosing this data in the annual security report.
B. Policies on security and access to campus facilities
Academic buildings generally are closed to predetermined times each
evening. Opening and closing times are scheduled by the deans of the
colleges through the Office of Business Affairs. University Police
officers routinely check each building between 5:00 p.m. and 5:00 a.m.
Campus residence halls are secured 24 hours a day by a card access
system, and residents gain access with their student identification
card. A door lock secures each residence hall room. A student monitor
is on duty in each hall from midnight to 5am. Safety and security checks
are made periodically by student monitors who contact the University
Police as needed. Additionally, Residence Assistants (RA's) are available
on all residence hall floors and a Resident Director lives in each
resident hall on campus. The University maintains a blue-light system
that enable persons to make direct telephone contact with the University
Police Department if assistance is needed. The telephones with "location" lights
are placed at strategic points throughout the main campus. A campus
safety walk is ordinarily conducted at least once a year by University
administrators and student leaders to survey the adequacy and maintenance
of campus lighting. A check is also done at those times to see that
landscaping near buildings and along walkways does not obscure vision
or present safety hazards.
C. Current policies concerning campus law enforcement
1. Enforcement authority - University Police officers are commissioned
as law enforcement officers by the North Carolina Department of Justice,
Criminal Justice Standards Division. Officers must meet minimum certification
standards for police officers in the State of North Carolina. Officers
have the power of arrest and are sworn to enforce statutes of North
Carolina. Officers are armed and must qualify annually. Results are
reported to the North Carolina Department of Justice, Criminal Justice
Education and Training Standards Commission.
2. Policy to encourage reporting of crimes - Appalachian State University
requires employees (to the extent allowed under professional ethics
constraints) and encourages students and visitors to promptly report
crimes, which occur, on campus. Pastoral and professional counselors
are encouraged to report crimes to the University Police, but the University
does not mandate that they report. Crimes and emergencies should be
reported to the University Police Department by calling 262-8000 or
by using one of the emergency Blue Light phones located throughout
campus. The University provides programs to inform people about the
procedure to report crimes and provides services to assist victims
of crimes. The University Police Department, Health Services, Counseling
and Psychological Services Center, and other offices offer assistance
to victims of crime on the bases of their specific needs and requests
for information.
D. Campus programs related to security and crime prevention The University
provides programs, through the Division of Student Development, University
Police Department, and other offices, to promote awareness and provide
information and services related to security practices and crime prevention.
The number and types of programs offered to educate the community vary
from year to year. Among programs which have been routinely offered
are: daily crime log, weekly crime statistics published in the student
newspaper, a monthly crime awareness committee meeting (open to all
students, staff and faculty), a quarterly newsletter published by the
University Police Department, Rape Aggression Defense (RAD) classes,
individual counseling and periodic seminars about rape prevention,
date rape, substance abuse, assertiveness, conflict management, relationship
violence, and personal safety. An awareness walk is usually held at
the beginning of each academic year to inform and sensitize members
of the campus community to issues of personal safety, and the University
supports a campus escort service operated by the Parking and Traffic
Office (Mountaineer Escort). Call 262-RIDE to request an escort.
E. Statement of policy regarding criminal activity of students and
student organizations off-campus
As a general rule, the University does not regulate the off-campus
conduct of students. The University generally relies on local, non-University
law enforcement agencies for response to off-campus crimes. However,
the University does monitor and discloses in the annual security report
crimes that occur on property owned or controlled by officially recognized
student organizations. The University also reserves the right to address
allegations of off-campus crimes through the Code of Student Conduct
when appropriate. Such crimes are included in local law enforcement
agencies' reports to the State Bureau of Investigation, but are not
included in University reports.
F. On-Campus Alcohol Policy
The possession, use and sale of alcohol on campus must comply with
the laws of the State of North Carolina and with campus regulations
and procedures. The acquisition, possession, transportation and consumption
of alcohol by anyone under 21 years of age is prohibited. Alcohol may
be possessed or consumed on University property only by persons 21
years of age or older in their rooms or in appropriately licensed and/or
approved campus facilities. Persons are xpected to assume responsibility
for their own behavior while drinking and must understand that being
under the influence of alcohol in no way lessens their accountability.
Offenders will be dealt with through established University policies
and procedures.
G. Illegal Drug Policy
The University prohibits the unlawful possession, use or distribution
of controlled substances or illicit drugs by students, staff and faculty.
The University adheres to the "University of North Carolina Policy
o Illegal Drugs" adopted by the Board of Governors on January
15, 1988. A complete version of the University's policy on illegal
drugs can be found in the Student Handbook, published and distributed
annually. Drug and alcohol educational and counseling services are
offered through the University Counseling Center, Student Health Services,
Residence Life and the University Police.
H. Distribution
The University annually distributes a statement of Policy and Procedure
on the Illegal or Abusive Use of Alcohol and Other Drugs that complies
with regulations governing the Drug-Free Schools and Campuses Act and
related regulations (34 CFR Part 86).
I. Campus Sexual Assault Policy
Sexual assaults, including date or acquaintance rape, are a serious
concern to the University and will not be tolerated. Victims of sexual
assaults should get medical treatment as soon as possible, notify the
University Police (262-8000) or contact any of the "campus security
authorities" listed in paragraph C-2 above for help. Campus security
authorities will assist the victim in notifying the University Police
if off-campus the University Police will help the victim file a report
with the appropriate off-campus law enforcement agency. To aid the
police investigation, victims of sexual assault should take these steps
to help preserve evidence:
Do not shower or bathe before the medical exam.
Do not change your clothes, if you do, save all your clothing and
give them to the police.
Do no disturb or alter the crime scene.
Document any injury you suffered, either by photograph or by showing
it to someone you trust.
Counseling services for sexual assault victims are available both
on and off campus. The Counseling and Psychological Services Center
(located in the Annas Student Services Building) provides counseling
to students and can provide referrals to off campus resources. Additionally,
the offices of Student Development and Academic Affairs will make every
reasonable effort to assist victims of sexual assault by providing
options for changing living or academic conditions whenever possible.
The University's Student Judicial Affairs Office responds to all violations
of the Student Code of Conduct, including all sex offenses, forcible
or non-forcible. Both the accuser and the accused are entitled to the
same opportunities to have others present during the proceedings and
both parties of any sex offense hearing shall be informed of the outcome
of any campus disciplinary proceedings brought alleging a sex offense.
The University's Code of Student Conduct outlines possible sanctions
for sexual assault, rape or molestation. They include suspension (two
semesters) or expulsion. Sanctions and judicial proceedings are outlined
in the Code of Student Conduct.
J. Campus Police Logs
The University Police Department will maintain a daily written log
of crimes reported to the University Police. The log will be open for
public inspection in the lobby of the Police Department within two
business days of the initial report being received. The log will include
the nature, date, time and general location of the crime and the disposition
of the incident if known. The crime log is also available online. Click
here to access the online Police Crime Log.
PROCEDURES:
A. Annually (during the month of June), the Director of
University Police will request "campus security authorities" provide
statistics from the previous year on crimes covered by PL 101-542 which
have not already been reported to the police.
B. Annually (during the month of June), the Director of University
Police will mail letters to local law enforcement agencies and to other
law enforcement agencies where non-campus buildings or property are
located, requesting all crime statistics as required in PL 101-542
from the previous calendar year.
C. Annually (on or before September 1 of each year), the Director
of University Police will submit to the Vice Chancellor for Business
Affairs, the annual security report required by PL 101-542, as amended
for review and approval.
D. Annually (on or before October 1 of each year) the Vice Chancellor
for Business Affairs, through appropriate publications(s), will make
available to all current students and employees, information required
by PL 101-542, as amended, and pertinent regulations.
References:
Public Law 101-542
Public Law 102-26
Public Law 103-208
34 CFR Part 668
20 U.S.C. 1092(f)
20 U.S.C. 1094
