Date Established: 7/6/2016
Date Last Updated: –
Category: Human Resources
Equity, Diversity and Inclusion
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The university is committed to full compliance with the Clery Act and the Campus SaVE Act, which mandate the reporting, collection, and disclosure of statistics concerning the occurrence of certain criminal offenses and timely notification of continuing criminal threats. These laws also require sexual assault awareness measures and mandatory notices to sexual assault victims.
The University at Buffalo (UB, university) is committed to full compliance with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Campus Sexual Violence Elimination (SaVE) Act. To promote safety and security at the university, allow university community members to make informed personal safety decisions, and maintain compliance with the Clery Act and Campus SaVE Act, the university will:
Campus Security Authorities (CSAs) are required to immediately notify University Police of reports of missing students who live in on-campus housing and document and report Clery Act crimes when these crimes occur on property controlled by the university or on public property adjacent to the campus. In order to protect the safety of the UB community, faculty and staff are strongly encouraged to report Clery Act crimes to UPD whether or not they meet the definition of a CSA or are required to report such crimes.
The university will provide annual training to CSAs regarding the Clery Act. The university will also provide training to all incoming students and employees regarding sexual assault, domestic violence, dating violence, and stalking. The university will conduct awareness campaigns to ensure that students, staff, faculty, and other members of the university community understand the required responses to sexual assault, domestic violence, dating violence, and stalking. These programs will underscore the university’s prohibition of sexual assault, domestic violence, dating violence, and stalking; and discuss bystander options, strategies for risk reduction, and relevant definitions including consent.
UPD will issue timely warnings to the university community of reported crimes that pose a serious or continuing threat to the university community, in order to enable individuals to take precautions to protect themselves and prevent similar crimes from occurring.
If a student living in on-campus student housing is determined to have been missing for 24 hours, University Police will issue a missing student notification within 24 hours of receiving the report. The notification will be sent to the student’s designated contact, parent, or legal guardian (if they are under age 18), and the law enforcement agency with jurisdiction.
Victims of sexual assault, domestic violence, dating violence, and stalking will receive written notice of their rights and options. The Students’ Bill of Rights is included as Appendix A.
Named in honor of a student slain in her dorm room in 1986, the Clery Act requires all post-secondary institutions participating in Higher Education Act Title IV student financial assistance programs to disclose certain campus crime statistics and security information. Originally enacted in 1990, the Clery Act has been amended over the years to create additional safety and security requirements.
The Campus SaVE Act was passed in 2013 as part of the reauthorization of the Violence Against Women Act. The Campus SaVE Act amends the Clery Act by expanding the reporting categories for crime statistics (sexual assault, domestic violence, dating violence, and stalking) and the requirements for educational programming and notification of victims’ rights.
This policy applies to all university personnel who have responsibility for campus security as well as any other individual who has significant responsibilities for student and campus activities.
Annual Security and Fire Safety Report
The annual report containing required disclosures that include campus security policies, Clery Act crime statistics for the previous three years, campus fire safety policies, and fire statistics for on-campus student housing facilities for the previous three years.
Campus Security Authority (CSA)
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 includes any person who has the authority and the duty to take action or respond to particular issues on behalf of the university. CSAs include, but are not limited to, athletics directors, coaches, and resident advisors. Advisors to student clubs, including faculty, are considered CSAs. Otherwise, faculty, clerical staff, maintenance workers, food service workers, medical doctors, and mental health counselors are exempt from mandatory disclosure requirements.
Clery Act Crime
Crimes within the meaning of the Clery Act include:
Daily Crime Log
Records, by date reported, of all crimes reported to the UPD. This log must be updated within two business days of the crime report and available to the public during business hours.
Daily Fire Log
Records, by date reported, of all fires in on-campus student housing facilities. This log must be updated within two business days of the crime report and available to the public during business hours.
Violence committed by a person who is or has been in a social relationship of a romantic and/or intimate nature with the victim.
A pattern of coercive tactics which can include physical, psychological, sexual, economic, and emotional abuse perpetrated by one person against an adult intimate partner, with the goal of establishing and maintaining power and control over the victim.
Notice to the university community of emergency events and dangerous conditions occurring on campus or that present a threat to campus.
Honest intent to act without taking an unfair advantage over another person.
Clery Act crimes and any incidents of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property that are motivated by bias toward race, gender, gender identity, religion, sexual orientation, ethnicity/national origin, and disability. Under the SaVe Act, domestic violence, dating violence, and stalking are also hate crimes.
Non-Campus Building or Property
Areas that do not fall under the definition of on-campus property, but where the university is still obligated to report Clery Act crimes; these include:
On-Campus properties include:
An individual associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and functioning within the scope of that recognition as a pastoral counselor.
Person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his/her license or certification.
All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, immediately adjacent to, and accessible from campus.
Clery Act crime brought to the attention of a CSA or local law enforcement personnel by a victim, witness, other third party, or the offender.
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. Forcible sex offenses include:
Sex Offenses - Non-Forcible
Unlawful, non-forcible sexual intercourse. Non-forcible offenses include:
An offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
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.
An alert about a potentially dangerous criminal situation that gives sufficient time and information to take appropriate precautions.
Campus Security Authority (CSA) Reporting
The State University of New York and UB are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in university-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:
All students have the right to:
Options in Brief
Victims/survivors have many options that can be pursued simultaneously, including one or more of the following:
Copies of this Bill of Rights will be distributed annually to students, made available on the UB website, and posted in each campus residence hall, dining hall, and student union or campus center and will include links or information to access the Sexual Violence Response Policy and the Options for Confidentially Disclosing Sexual Violence.