Introduction

The Student Right-to-Know and Campus Security Act (Public Law 101-542) was signed into law by President Bush on November 8, 1990. Title II of the Act, the Crime Awareness and Campus Security Act (Campus Security Act), amended section 485 of the Higher Education Act of 1965 (HEA) by adding campus crime statistic and security policy disclosure provisions for all colleges and universities that receive federal student aid. These provisions were amended in 1992, and significantly amended again on October 7, 1998, when President Clinton signed into law the Higher Education Amendments of 1998 (Public Law 105-244). The Campus Security Act (the Act) is currently cited as 20 USC 1092(f) or section 485(f) of the Higher Education Act. The 1998 amendments renamed this subsection of the Higher Education Act the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act” (the Act)

The Act requires colleges and universities to distribute statements of policy regarding campus security and crime prevention, and statistics concerning specific types of crimes, to all current students and employees, and to any prospective student and employee upon request, beginning September 1, 1992, and by October 1 of each year thereafter. Noncompliance with the requirements of the Act will affect an institution’s continued participation in the Title IV student financial assistance programs authorized by the Higher Education Act of 1965, as amended. Moreover, if it is determined that an institution of higher education has substantially misrepresented the number, location, or nature of the crimes required to be reported under the Act, the Department of Education may impose a civil penalty upon the institution. The general policies and procedures that follow have been formulated to facilitate Boston College’s implementation of the requirements of the Act.

Definitions

Business day is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as Monday through Friday, excluding any day when the institution is closed.

Campus is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as (1) any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (2) any building or property that is within or reasonably contiguous to the area identified in (1) of this definition, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

The Boston College Police Department is the official reporting authority at Boston College. All crimes and other emergencies are to be reported immediately to the Boston College Police. Campus security authorities are those individuals or organizations at Boston College with an affirmative obligation to bring crimes to the attention of the reporting authority. Campus security authority is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as (1) a campus police department or a campus security department of an institution; (2) any individual or individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department under (1) of this definition, such as an individual who is responsible for monitoring entrance into institutional property; (3) any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses; (4) 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. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting as a pastoral or professional counselor. Those individuals identified by Boston College as campus security authorities are as follows:

Reports of crime statistics are to be compiled in accordance with the following definitions used in the Federal Bureau of Investigation's Uniform Crime Reporting Program:

Noncampus building or property is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as (1) any building or property owned or controlled by a student organization that is officially recognized by the institution; or (2) any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

Pastoral counselor is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.

Professional counselor is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as a 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 or her license or certification.

Prospective employee is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as an individual who has contacted an eligible institution for the purpose of requesting information concerning employment with that institution.

Prospective student is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as an individual who has contacted an eligible institution for the purpose of requesting information concerning admission to that institution.

Public property is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Referred for campus disciplinary action is defined by the November 1, 1999, Student Assistance General Provisions Final Rule as the referral of any person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.

Policy

Boston College complies with the requirements of Title II of the Student Right-to-Know and Campus Security Act, the Crime Awareness and Campus Security Act of 1990, and section 485 of the Higher Education Act of 1965, as amended. As a recipient of federal student aid, the University executes a Program Participation Agreement for Title IV programs each year, certifying to the Department of Education that it has established a campus security policy in accordance with section 485(f) of the HEA, and has complied with the disclosure requirements of section 668.46 of the Student Assistance General Provisions as required by section 485(f) of the HEA.

The disclosure requirements of section 485(f) of the HEA, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, are as follows:

1. Each institution must, by October 1 of each year, prepare and distribute through appropriate publications and mailings, an annual security report that contains, at a minimum, the following information with respect to campus security policies.
   
   

   (a)	A statement of current campus policies regarding procedures for students and others to report criminal actions or other emergencies occurring on campus. This statement must include the institution's policies concerning its response to these reports, including: • Policies for making timely warning reports to members of the campus community regarding the occurrence of crimes described in paragraph (2)(a)(i) and (ii) below (see paragraph (4) below); • Policies for preparing the annual disclosure of crime statistics; and • A list of the titles of each person or organization to whom students and employees should report the criminal offenses described in paragraph (2)(a)(i) and (ii) below for the purpose of making timely warning reports and the annual statistical disclosure. This statement must also disclose whether the institution has any policies or procedures that allow victims or witnesses to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics, and, if so, a description of those policies and procedures.
   (b)	A statement of current policies concerning security of and access to campus facilities, including campus residences, and security considerations used in the maintenance of campus facilities.
   (c)	A statement of current policies concerning campus law enforcement that: • Addresses the enforcement authority of security personnel, including their relationship with state and local police agencies and whether those security personnel have the authority to arrest individuals; • Encourages accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies; and • Describes procedures, if any, that encourage pastoral counselors and professional counselors, if and when they deem it appropriate, to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics.
   (d)	A description of the type and frequency of programs designed to inform students and employees about campus security procedures and practices and to encourage students and employees to be responsible for their own security and the security of others.
   (e)	A description of programs designed to inform students and employees about the prevention of crimes.
   (f)	A statement of policy concerning the monitoring and recording through local police agencies of criminal activity in which students engaged at off-campus locations of student organizations officially recognized by the institution, including student organizations with off-campus housing facilities.
   (g)	A statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of state underage drinking laws; a statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of federal and state drug laws; and a description of any drug or alcohol abuse education programs, as required under section 120(a) through (d) of the HEA. For the purpose of meeting this requirement, an institution may cross-reference the materials the institution uses to comply with section 120(a) through (d) of the HEA. (Section 120(a) through (d) contains the “drug-free campuses” requirements added by section 22 of the Drug-Free Schools and Communities Amendments of 1989.)
   (h)	A statement of policy regarding the institution's campus sexual assault programs to prevent sex offenses, and procedures to follow when a sex offense occurs. The statement must include: • A description of educational programs to promote the awareness of rape, acquaintance rape, and other forcible and nonforcible sex offenses; • Procedures students should follow if a sex offense occurs, including procedures concerning who should be contacted, the importance of preserving evidence for the proof of a criminal offense, and to whom the alleged offense should be reported; • Information on a student's option to notify appropriate law enforcement authorities, including on-campus and local police, and a statement that institutional personnel will assist the student in notifying these authorities, if the student requests the assistance of these personnel; • Notification to students of existing on- and off-campus counseling, mental health, or other student services for victims of sex offenses; • Notification to students that the institution will change a victim's academic and living situations after an alleged sex offense and of the options for those changes, if those changes are requested by the victim and are reasonably available; • Procedures for campus disciplinary action in cases of an alleged sex offense, including a clear statement that: • the accuser and the accused are entitled to the same opportunities to have others present during a disciplinary proceeding; and • both the accuser and the accused must be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. For the purpose of this paragraph, the outcome of a disciplinary proceeding means only the institution's final determination with respect to the alleged sex offense and any sanction that is imposed against the accused; and • Sanctions the institution may impose following a final determination of an institutional disciplinary proceeding regarding rape, acquaintance rape, or other forcible or nonforcible sex offenses.
   	(Please see policy 5-350-250, Campus Safety and Security Policies -- Campus Sexual Assault Program, for information regarding Boston College's compliance with these requirements.)
   (i)	A statement advising the campus community where law enforcement agency information, provided by a state under Section 170101(j) of the Violent Crime Control and Law Enforcement Act of 1994 (42 USC 14071(j)), concerning registered sex offenders may be obtained, such as the law enforcement office of the institution, a local law enforcement agency with jurisdiction for the campus, or a computer network address.

   
   
2. Each institution must, by October 1 of each year, prepare and distribute through appropriate publications and mailings, an annual security report that contains, at a minimum, the following information with respect to campus crime statistics.
   
   

   (a)

   Statistics for the three most recent calendar years concerning the occurrence on campus, in or on noncampus buildings or property, and on public property of the following that are reported to local police agencies or to a campus security authority: (i) • Criminal homicide: murder and nonnegligent manslaughter, and negligent manslaughter   • Sex offenses: forcible and nonforcible   • Robbery   • Aggravated assault   • Burglary   • Motor vehicle theft   • Arson (ii) • Arrests for liquor law violations, drug law violations, and illegal weapons possession.   • Persons not included in paragraph (2)(a)(ii) above, who were referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession. (iii) • An institution must report, by category of prejudice, any crime it reports pursuant to paragraph (2)(a)(i) above, and any other crime involving bodily injury reported to local police agencies or to a campus security authority, that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.

   (b)

   The institution must provide a geographic breakdown of the statistics reported under paragraph (2)(a) above according to the following categories: (i) On campus (ii) Of the crimes in paragraph (2)(b)(i) above, the number of crimes that took place in dormitories or other residential facilities for students on campus (iii) In or on a noncampus building or property (iv) On public property

   An institution must record a crime statistic in its annual security report for the calendar year in which the crime was reported to a campus security authority.

   The statistics required under paragraph (2)(a) above may not include the identification of the victim or the person accused of committing the crime.

   An institution is not required to report statistics under paragraph (2)(a) above for crimes reported to a pastoral or professional counselor.

   An institution must compile the crime statistics required under paragraph (2)(a) above using the crime definitions in accordance with the Federal Bureau of Investigation's Uniform Crime Reporting (UCR) System and UCR Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection.

   On an annual basis, an institution must submit to the Department of Education the statistics required by paragraph (2) above.

3. Each institution is to distribute the required security report annually to all current students and employees. The report is also to be provided to prospective students and prospective employees upon request. The institution must provide a notice to prospective students and employees that includes a statement of the report's availability, a description of its contents, and an opportunity to request a copy.
   
   
4. An institution must, in a manner that is timely and will aid in the prevention of similar crimes, report to the campus community on crimes that are:
   
   

   (a)	Described in paragraph (2)(a) above;
   (b)	Reported to campus security authorities as identified under the institution's statement of current campus policies pursuant to paragraph (1)(a) above or local police agencies; and
   (c)	Considered by the institution to represent a threat to students and employees.

   An institution is not required to provide a timely warning with respect to crimes reported to a pastoral or professional counselor.

   (Please see policy 5-350-220, Campus Safety and Security Policies -- Safety Notification Procedure, for information regarding Boston College's compliance with these disclosure requirements.)

5. Crime Log
   
   

   (a)	An institution that maintains a campus police or a campus security department must maintain a written, easily understood daily crime log that records, by the date the crime was reported, any crime that occurred on campus, on a noncampus building or property, on public property, or within the patrol jurisdiction of the campus police or the campus security department and is reported to the campus police or the campus security department. This log must include: • The nature, date, time, and general location of each crime; and • The disposition of the complaint, if known.
   (b)	The institution must make an entry or an addition to an entry to the log within two business days of the report of the information to the campus police or the campus security department, unless that disclosure is prohibited by law or would jeopardize the confidentiality of the victim.
   (c)	An institution may withhold information required under paragraphs (5)(a) and (b) above if there is clear and convincing evidence that the release of the information would: • Jeopardize an ongoing criminal investigation or the safety of an individual; • Cause a suspect to flee or evade detection; • Result in the destruction of evidence.
   	The institution must disclose any information withheld under paragraph (5)(c) once the adverse effect described in that paragraph is no longer likely to occur.
   (d)	An institution may withhold under paragraphs (5)(b) and (c) only that information that would cause the adverse effects described in those paragraphs.
   (e)	The institution must make the crime log for the most recent 60-day period open to public inspection during normal business hours. The institution must make any portion of the log older than 60 days available within two business days of a request for public inspection.

The Financial Vice President and Treasurer, in consultation with the Academic Vice President, the Vice President for Human Resources, and the Vice President for Student Affairs, is responsible for implementing, monitoring, and enforcing the provisions of this policy.

Policy for Preparing the Annual Disclosure of Crime Statistics

The Boston College Police Department is the official reporting authority at Boston College. Each year, the University General Counsel sends responsible Vice Presidents and Directors a memorandum that identifies, by title or function, the campus security authorities within their organizational areas, and requests that they inform these individuals of their responsibility to report immediately all crimes, violations, and other emergencies to the Boston College Police.

The Boston College Police Chief sends a written request each year to the Boston and Newton police authorities, the State Police, and the Massachusetts Bay Transportation Authority Police asking them to provide statistics of all reportable crimes and violations that occurred during the previous calendar year on public property, including thoroughfares, streets, sidewalks, and parking facilities, within the campus or immediately adjacent to and accessible from the campus.

Each year, the Boston College Police Chief compiles the required statistics for the previous calendar year from the following sources:

The Boston College Police Chief reconciles his records with the ODSD database records to eliminate any double reporting.

Please see the definition of campus security authority, under Definitions above, for a description of the University offices and organizational units from which statistics are reported.

Record Keeping Requirements

Section 668.24 of the Student Assistance General Provisions provides the record keeping requirements for an institution to administer the student financial assistance programs under Title IV of the HEA. Generally, an institution must retain records for three years.

An institution is required to maintain campus security records to document the information it must include in its annual security report, which must include information covering the previous three calendar years. An institution must keep campus security records for three years following the last year the information is included in its annual security report.

Procedures

The campus security policies and crime statistics required in paragraphs (1) and (2) above are to be prepared, published, and distributed each year as Boston College’s CAMPUS SAFETY AND SECURITY PROGRAM. The following University Campus Safety and Security policies are to be incorporated in the PROGRAM:

In addition to the required campus security policies and crime statistics, the PROGRAM is to include the following:

The Policy for Preparing the Annual Disclosure of Crime Statistics is to accompany the required crime statistics in the annual CAMPUS SAFETY AND SECURITY PROGRAM.

The PROGRAM is to be to prepared, published, and distributed in the following manner, by the following responsible individuals, to all current students and employees by October 1 of each year, and, upon request, to prospective students and employees.