Jeanne Cleary Act

The Jeanne Cleary Disclosure of Campus Security Policy and Campus Crime Statistics Act (http://www.campussafety.org/schools/cleryact), codified at 20 USC 1092 (f). as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All public and private institutions of postsecondary education participating in federal student aid programs are subject to it.

Campus policies on:

• 1.0 Crime Reporting
• 2.0 Crime Prevention
• 3.0 Substance Abuse
• 4.0 Sexual Offenses
• 5.0 Crime Definitions

1.0 CRIME REPORTING

Faculty, staff, and students are urged to report all criminal acts and safety hazards. The proper reporting procedure is to contact the Public Safety Department at (305) 899-3333 (or *3 from any on-campus payphone). This emergency number is available 24 hours a day, 7 days a week.

In the event of an immediate threat or danger, the appropriate police/fire/medical agency should be contacted. These emergency services can usually be contacted by dialing 911.

In all instances, the University Public Safety Department should be contacted as soon as possible to facilitate proper reporting and resource utilization and to record the occurrence for further study and preventive action.

2.0 CRIME PREVENTION

Crime prevention and awareness is not the sole responsibility of the Public Safety Department. It is a joint venture with the community, which it serves. Barry's Public Safety Department utilizes several programs and systems to inform faculty, staff, and students about campus security:

1. New Student/Employee Orientation
2. Campus Publications
3. Security awareness literature
4. An informational and educational lecture program
5. Special Security announcements and information in reference to immediate concerns

In addition to programs offered by the Public Safety Department, additional programs are offered from time to time from the Student Services Division.

The Campus Security Committee serves an advisory role to the Public Safety Department and is active in crime prevention programming and security awareness.

Personal Safety

No person or location is 100% safe. The Barry University Public Safety Department utilizes patrolling officers to observe and detect crimes and threats on the main campus. The Public Safety Department’s function is primarily informational and advisory, rather than regulatory. Security personnel are not police officers and are not empowered as such. The primary protective means used are restricting campus access and use to only those authorized students, staff, employees, or their guests for reasonable and safe purposes. A safe campus is everyone's responsibility. Do your part to protect yourself and others. Increased awareness by all of us can help prevent crime and keep our community safe.

Listed below are ways you can help protect yourself from criminal activity on campus:

• Always secure your residence or office door whenever you leave (even for just a minute.)
• Do not store large amounts of money, jewelry, or other valuables in your room or office.
• Never leave your backpack or purse unattended in an office. Always secure them in a filing cabinet or drawer and lock it.
• Never loan your keys or I.D. to anyone.
• Take anything of great value to your home before you go on vacation.
• Do not leave messages on you door that indicate that you will be away for a period of time.
• Sales people are not allowed to solicit on campus. If you see someone soliciting on campus, call Public Safety immediately.
• If you see someone who looks suspicious on campus, call Public Safety. We want to verify if the individual should be on campus.
• Try not to walk alone. Should you have to, stay in well-lit areas. Walk with a purpose.
• Be aware of your surroundings. If you anticipate a dangerous situation, stay clear and call Public Safety immediately.
• Always lock your vehicle. Put valuables in the trunk.
• When walking to your vehicle, have your keys ready before you get to the door.
• Check to make sure that no one is in your vehicle before you get inside.
• After entering you vehicle, lock all doors.
• Know the locations of all payphones on campus. You can reach Public Safety by dialing *3 from any payphone on campus.
• Criminal activity takes place when there is an opportunity. The best means of prevention is to reduce or remove the opportunity.
• Don’t carry large amounts of cash. A front pocket is safer for a wallet than a back one.
• Don’t take unnecessary risks. You can never tell if a robber is armed. No amount of money is worth taking chances with your life.
• Walk in groups. There is safety in numbers.
• Stay away from isolated areas.
• Make a list of your valuables including serial numbers.
• Don’t leave your belongings unattended.
• Lock your bicycle when you’re not using it. You may register your bike with campus security.
• Be aware of your surroundings. Report any suspicious activity to campus security or local police immediately. Try to give a description that includes approximate age, height, and weight and details on hair, clothing, jewelry, scars, and tattoos - anything that is noticeable.
• Always take steps to protect yourself. Using common sense is often your best protection.

3.0 SUBSTANCE ABUSE

Barry University acknowledges the problem of substance abuse in our society and perceives this problem as a serious threat to employees and students. It is the intent of the University to establish and maintain a drug-free work place. It is the University’s further intent to comply in every respect with the Drug-Free Schools and Communities Act Amendment of 1989 (Public Law 101-226) as presently constituted, to be amended in the future.

Barry University condemns the possession, use or distribution of illicit drugs and the abuse of alcohol and drugs/substance, whether prescriptive or non-prescriptive. Any student or employee found to be in the possession of, using, selling, trading, or offering for sale, illicit drugs or alcohol on the University’s property or as part of the University’s activities, will be subject to disciplinary action as well as applicable local, state and federal laws.

The complete text of the University’s substance abuse policy including drug and alcohol abuse education programs can be found in the student handbook or the employee handbook.

4.0 SEXUAL OFFENSES

Utilizing community and institutional resources, the Division of Student Services provides programs throughout the year to educate students about their individual responsibilities regarding sexual battery and sexual harassment. The following university policies are in effect to deal with these behaviors:

Sexual Harassment

Sexual harassment includes such behavior as sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature directed toward an employee, student, or applicant, particularly when one or more of the following circumstances are present:

• ...Toleration of the conduct is an explicit or implicit term or condition of employment, admission or academic evaluation.
• ...Submission to or rejection of such conduct is used as a basis for a personal decision or academic evaluation affecting such individuals.
• ...The conduct has the purpose or effect of interfering with an individual’s work performance, or creating an intimidating, hostile, or offensive working or learning environment.

The above definition is in line with the Equal Employment Opportunity Commission’s regulations on sexual harassment. Barry University, its officers, employees and students are responsible for maintaining a working and learning environment free from sexual harassment.

Sexual Battery

Sexual battery refers to sexual contact without consent. The following behaviors are violations of university policy:

A. Ignoring verbal pleas or non-verbal cues indicating an unwillingness to either continue to participate in, or begin to engage in any sexual activity.

B. Engaging in any sexual activity with someone who is physically helpless and/or unable to communicate his/her unwillingness to participate.

C. Threatening to use or actually using physical force to coerce an unwilling party to submit to any sexual activity.

D. Engaging in any sexual activity which is not mutually agreeable.

Procedures for victims

If you or someone you know has been a victim of sexual battery the first concern should be one of personal safety. Please notify any official of the university as soon as possible - resident advisor, area coordinator, or staff members of any of the following offices: health services, Public Safety, counseling center, or dean of students. Jackson Memorial Hospital provides a Rape Treatment Center, call 585-7273. The judicial coordinator will assist in notifying the above authorities if the student so chooses.

Individuals who feel that they have been sexually battered are encouraged to file charges with law enforcement authorities. To report an assault you should call Miami Shores police at 759-2468 or Metro Dade police at 595-6263. If an assault occurred outside Dade county, you must contact the law enforcement agency having jurisdiction in the geographical area where the incident occurred. The judicial coordinator will assist in notifying the above authorities if the student so chooses.

The following guidelines are recommended as procedures to follow:

• Do not shower, wash, douche, or change your clothes.
• Preserve any evidence such as bed sheets, clothing, towels, or other items that may be useful in investigation purposes.
• Seek medical attention immediately.
• Seek counseling to assist with mental and emotional trauma.

Judicial Hearings

All hearings shall be conducted as informal discussions between the members of the judicial body/administrator and the respondent within the procedural limits established in this document. The complainant shall be required to attend the hearing. All hearings shall be open to the complainant, to the respondent, to an advisor, to the Judicial Coordinator and to witnesses.

Sexual Assault

Who is the Victim?

Everyone is a potential victim of sexual assault. A person is primarily vulnerable when they are alone. Sexual assault is not provoked by a person’s dress or mannerisms.

Who is the Rapist?

Rapists are usually a friend, a date, a relative, co-worker, or a casual acquaintance of the victim.

Where Does the Rape Occur?

Sexual assault can happen anywhere, but the largest grouping of incidents occurs either in the home of the victim or the home of the offender.

If A Sexual Assault Occurs

The first concern is for the health and safety of the survivor. If you or someone you know is the survivor of a sexual assault that occurred on campus, contact the Resident Assistant, Area Coordinator, or Public Safety. All these people can be reached by calling (305) 899-3333 or extension 3333 or *3 from any pay phone on campus.

If the assault occurred off campus, notify the local police by calling 911.

The Roxy Bolton Rape Treatment Center is a local resource for counseling, as well as confidential medical treatment after a sexual assault. The number for the center is (305) 585-7273.

The career and Counseling Center here at Barry can provide assistant with seeking help for the survivor.

The Student Services division has programs dealing with these issues each fall and spring.

5.0 CRIME DEFINITION

The following definitions are to be used for reporting the crimes listed in 34 CFR sec. 668.46 (previously 668.47) in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting Program. The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations and liquor law violations are excerpted from the Uniform Crime Reporting Handbook. The definitions of forcible and nonforcible sex offenses are excerpted from the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Handbook.

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, personal property of another, etc.

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 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.

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. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.)

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 abandonedóincluding joyriding.)

Weapon Law Violations
The 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 deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

Drug Abuse Violations
Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (demerol, methadones); and dangerous nonnarcotic drugs (barbituates, benzedrine).

Liquor Law Violations
The 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 illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Sex Offenses Definitions From the National Incident-Based Reporting System Edition of the Uniform Crime Reporting Program

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.

A. 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 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).

B. Forcible Sodomy-Oral or anal sexual intercourse with another person, forcibly and/or against that person's will; or not forcibly against the personís 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.

C. 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.

D. 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 incapacity.

Sex Offenses-Nonforcible
Unlawful, nonforcible sexual intercourse.

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

B. Statutory Rape-Nonforcible sexual intercourse with a person who is under the statutory age of consent.

Source: Federal Register, April 29, 1994, Vol. 59, No. 82; Federal Register, November 1, 1999, Vol. 64, No. 210.