Clery Act

For purposes of this policy, the following terms are defined below:

Clery Reportable Crime: Information about any incident that may constitute the following crimes must be reported by Campus Security Authorities to the University and the University is required to publish the calendar year statistics of these crimes in its Annual Security Report by October 1st of each year.

Murder/Non-Negligent Manslaughter, Manslaughter by Negligence, Rape, Fondling, Incest, Statutory Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Domestic Violence, Dating Violence, Stalking, and Arson;
Hate Crimes: Any of the above-referenced crimes, and any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of property that were motivated by bias based on race, ethnicity, national origin, gender, sexual orientation, gender identity, or disability; and,
Arrests and Referrals for Disciplinary Action for Weapons, Drug Abuse Violations, and Liquor Law Violations.

University of New 51�� Property: The University is required to report the above-mentioned Clery reportable crimes in an annual disclosure of statistics for offenses that occur on campus, in or on non-campus buildings, on property owned or controlled by the University, as well as public property within, or immediately adjacent to, our campuses.

Crime Definitions

For purposes of this policy, the following terms are defined below:

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.

Arson:

The 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, etc.

Burglary

The unlawful entry of a structure to commit a felony or a theft.

Motor Vehicle Theft:

The theft or attempted theft of a motor vehicle.

Murder and Non-Negligent Manslaughter:

The willful (non-negligent) killing of one human being by another.

Manslaughter by Negligence:

The killing of another person through gross negligence.

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.

Sex Offenses:

Rape:

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 forcible 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 or physical 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.

VAWA Offenses:

Domestic Violence:

A felony or misdemeanor crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabiting with, or has cohabited with, the victim as a spouse; by a person similarly situated to a spouse or intimate partner of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or by 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 and 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, and the frequency of interaction between the persons involved in the relationship. 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 the person’s safety or the safety of others; or suffer substantial emotional distress.

Hate Crimes:
A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Bias is a preformed negative opinion or attitude toward a group of persons based on their race, gender, gender identity, religion, sexual orientation, ethnicity, national origin, or disability. (Note: Hate crime statistics are kept for the above listed Clery Crimes as well as for the following crimes.)

Below are additional reportable hate crimes:

Larceny / Theft:

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. 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:

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:

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 (Except "Arson"):

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.

Unfounded Crimes:
i. A crime is considered unfounded for Clery Act purposes only if sworn or commissioned law enforcement personnel make a formal determination that the report is false or baseless. Crimes can be determined to be false only if the evidence from a complete and thorough investigation establishes that the crime was not attempted or completed in any manner. Crimes can be determined baseless only if allegations reported did not meet the elements of the offense or were improperly classified as crimes when reported.

Larceny / Theft:

The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. 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:

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:

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 (Except "Arson"):

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.

Please Note: The above definitions were taken from the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program. The categories of Domestic Violence, Dating Violence, and Stalking are defined by the Violence Against Women Act of 1994 (VAWA). (Note that state statutes and definitions may vary).

Clery Act Student Travel Guidelines

View Student Trip Matrix

Annual Security and Fire Safety Report

The Annual Security & Fire Safety Report is prepared to meet the requirements of the Clery Act and provide pertinent safety information and resources to the greater university community. University representatives from numerous departments collaborate in preparing the ASR including the University Police Department, Department of Public Safety, Faculty, Provost’s Office, and Dean of Students Office. This annual report includes those current University policies and procedures identified by the Clery Act, which demonstrate the safety and security of community members at the University of New 51��. The statistics reported represent the three most recent reporting periods.

To view this year’s annual report, click here.

Daily Crime and Fire Log

It is the responsibility of the University’s Associate Vice President for Public Safety & Administrative Services, in coordination with the University of New 51�� Police Department and Fire Marshal, to record all known and alleged criminal incidents and fires in University facilities into the daily crime and fire logs. The daily crime log includes all crimes reported to the University of New 51�� Public Safety, not just Clery Act crimes.

The University of New 51�� Public Safety Department maintains a daily crime and fire log that is open to public inspection. The University maintains this daily log at each of its campuses. The crime log includes entries for all known and alleged criminal incidents, which occur on University on-campus property, non-campus property, and adjacent public property.

A hard copy of the current log is available during normal business hours in the University Police Department’s office, or on-location at our satellite campuses. The current log includes the most recent 60-day period, and upon request log records older than 60 days will be made available within two business days of a request.

Contact:
51�� Campus West 51��
University of New 51�� Police Department
300 Boston Post Road
Building 7A (Rear of Campus Bookstore)
West 51��, CT 06516
(203) 932-7014

Orange Campus
Security Desk 51�� Entrance
584 Derby Milford Road
Orange, CT 06477
(203) 932-7100
(203) 589-0579

Who are Campus Security Authorities? What is Their Role?

Campus Security Authority (CSA) has been legally defined as: "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."

Any member of the University of New 51�� community who has significant responsibility for student and campus activities may be deemed a CSA. Faculty without responsibility for students beyond the classroom, clerical staff, and maintenance/facility employees are not considered CSAs. For the University of New 51��, the following populations have been defined identified as Campus Security Authorities:

View Campus Security Authority Brochure

University Public Safety(including police department and contract security officers),
Office of Residence Life Professional and Student Staff,
Student Affairs Professional Staff,
Athletics Department Professional Staff and Coaches,
Faculty Advisors for University Recognized Student Organizations,
Living Learning Community Faculty Coordinators,
Charger Recreation Professional and Student Staff,
Title IX Coordinator(s), and
May include additional campus representatives as necessary.

The role of a Campus Security Authority is to promote the safety and security of a given campus, reporting all crimes to the institution, and knowing the appropriate safety resources available to the students. Campus Security Authorities are required to report all suspicious behavior, crimes, and violations of campus policy to the University of New 51�� Police Department. CSAs are obligated to report in a timely manner so that the University may deliver a timely warning notification to University members if necessary.

How Should Campus Security Authorities Report Crimes?

The following list delineates the procedural steps that all Campus Security Authorities are expected to take to promptly report crimes:

Call 9.1.1 immediately if a crime or other emergency is in progress, or if at any time there is an imminent threat of harm to persons or property.

If the incident does not present an imminent threat of harm, or does not otherwise constitute an emergency, the CSA should report the incident to the University Police Department at (203) 932-7014.
Use the LiveSafe App

Promptly file an electronic Crime Reporting Form.

.

The identity of the victim(s) should not be included in the Crime Reporting Form unless:

Disclosure is required by law (e.g. abuse or neglect of minors);
The incident presents an imminent threat of harm, as identified in Step 1;
The incident constitutes sexual misconduct under the University’s Title IX & Sexual Misconduct Policy; or,
The CSA is given permission to do so.

Should the incident constitute sexual misconduct under the University’s Title IX & Sexual Misconduct Policy, you are obligated to report all known information to the University’s Title IX Coordinator, Barbara J. Lawrence.

Faculty and staff designated in the role of CSA, must complete both the Crime Reporting Form and notify Barbara J. Lawrence at BLawrence@newhaven.edu, or (203) 932-7269.
Pursuant to Title IX of the Education Amendments of 1972, all University employees have been designated as Responsible Employees. Title IX has regulated that Responsible Employees report all known incidents of sexual misconduct and/or gender-based discrimination. In doing so, you are required to disclose as much information about the incident as you have available.

Provide information regarding resources and support services available to the victim or third party that may be helpful to victims or witnesses of an (alleged) crime, including but not limited to sex offenses, such as:

On-Campus Resources:

University Counseling Center (confidential): (203) 932-7332, Charger Plaza, 51�� Level
University Health Services (confidential): (203) 932-7079, Sheffield Hall, Lower Level
University Police Department: (203) 932-7014, Campus Bookstore, Lower Level
Dean of Students Office: (203) 932-7432, Bartels Hall Campus Center
Office of Residential Life: (203) 932-7076, Bixler Hall, Lower Level

Off-Campus Resources:

Connecticut Office of Victim Services: 1 (800) 822-8428,
Rape Crisis Center of Milford (confidential): (203) 878-1212,
BHcare - Domestic Violence Services (confidential): (203) 736-2601,
Milford Hospital: (203) 876-4000,
Yale New 51�� Hospital: (203) 688-2222 (main campus),

Campus Security Authority Training

An annual notice will be distributed to all identified Campus Security Authorities, informing each individual of their responsibilities under the Clery Act and University policy via individuals’ official University (newhaven.edu) email addresses.

The University of New 51�� recognizes that individuals in the role of Campus Security Authority will have additional duties and responsibilities as identified in the Clery Act. All identified CSAs are required to complete a training program to comprehend their legal obligations under the Clery Act on an annual basis. Instructions for participation in annual training will be detailed in the annual notice, with periodic announcements and updates communicated the Clery Compliance Team.

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