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Adopted by President’s Cabinet 7/26/22; Revisions Adopted 9/27/22; 10/4/22

  1. Purpose:

    The Clery Act is a federal law that requires institutions of higher education participating in Title IV student aid programs to disclose information about certain crimes, emergencies, and various safety-related policies with the goal of enhancing campus safety. The guidelines contained in this policy are intended to insure the College’s ongoing compliance with the Clery Act’s obligations.

  2. Definitions
      • Clery Act Crimes – crimes required by the Clery Act to be reporting annually in the Annual Security Report (ASR) including criminal homicide (murder and negligent/non-negligent manslaughter), sex offenses (rape, fondling, incest, statutory rape) , robbery, aggravated assault, burglary, motor vehicle theft, arson, hate crimes (including larceny theft, simple assault, intimidation, or destruction/vandalism of property that are motivated by bias) dating violence, domestic violence, and stalking. Referrals or disciplinary action for liquor law violations, drug law violations, weapons offenses (carrying, possessing, etc.) are also required to be reported annually in the ASR.

      • Campus Security Authority (CSA) – includes the following:
          • A campus police or security department of the college
          • An individual(s) that has responsibility for campus security but who does not constitute a campus police or security department
          • An individual or organization stated in the college’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses
          • An official of the college who has significant responsibility for student and campus activities, including but not limited to, student housing, student conduct, and campus judicial proceedings.
      • Clery Geography – buildings and property that are part of the institution’s campus; the institutions non-campus buildings and property; and public property within or immediately adjacent to and accessible from campus.

      • Complainant – An individual making a complaint under this policy. The complainant may be someone other than the victim.

      • Confidential Contact – a contact of the student’s choosing that will be notified if the student is believed to be missing. This is to be disclosed to law enforcement only for investigation of a missing student. This is not the same as the student’s emergency contact.

      • Consent - Words or actions that show a knowing and voluntary willingness to engage in mutually agreed upon sexual activity. Consent cannot be gained by force, intimidation, or coercion, by ignoring or acting in spite of objections of another, or by taking advantage of the incapacitation of another, where the Respondent knows or reasonable should know of the incapacitation. Minors under the age of 16 cannot legally consent per Georgia law.

      • Daily Crime Log – a public log that reflect, by date reported, all crimes reported to the College Police.

      • Dating Violence – Violence committed by a person who is or had been in a social relationship of a romantic or intimate nature with the victim.
        1. The existence of such relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship and the frequency of the interaction between the persons involved in the relationship.
        2. For purposes of this policy:
          1. Dating Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
          2. Dating Violence does not include acts covered under the definition of Domestic Violence.
        3. For the purposes of complying with the requirements of this policy any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
      • Domestic Violence – a felony or misdemeanor crime of violence committed:
        1. By a current or former spouse or intimate partner of the victim;
        2. By a person with whom the victim shares a child in common;
        3. By a person who is cohabitating with, or who has cohabitated with, the victim as a spouse or intimate partner;
        4. By a person similarly situated to a spouse of the victim under the domestic or family laws of the jurisdiction in which the crime of violence occurred; or
        5. 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.
        6. For the purposes of complying with the requirements of this policy, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
      • Emergency Notification – Immediate notification to the campus community upon confirmation of a significant emergency or dangerous situation occurring on the campus that involves an immediate threat to the health or safety of students or employees.

      • Fire Log – A log of all reported fires, including arson, in on-campus student housing facilities.

      • Fondling – the touching of the private body parts of another for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.

      • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

      • Notice – Notification of the availability of information the College is required to disclose by this policy, provided to an individual on a one-to-one basis through appropriate mailing or publication, including direct mailing through US Postal Service, campus email or electronic email.

      • 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 consent of the victim.

      • Respondent – An individual who is alleged to have engaged in conduct that is prohibited by this policy.

      • Stalking – Engage in a course of conduct directed at a specific person that would cause a reasonable person to:
        1. Fear for the person’s safety or the safety of others;
        2. Suffer substantial emotional distress;
        3. For the purposes of this policy:
          1. Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device or means, follows, monitors, observes, surveils, threatens or communicates to or about a person, or interferes with that person’s property.
          2. A reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
          3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
        4. For the purposes of complying with the requirements of this policy, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
      • Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

      • Timely Warning – an alert to the campus community of Clery crimes in a manner that is timely and will aid in the prevention of similar crimes. The intent of the warning is to enable people to protect themselves. The warning should be issued as soon as the pertinent information is available.

III. Policy

    1. Administrative Roles and Responsibilities
      1. Clery Act Coordinator (Director of Public Safety/Chief of Police)
        1. Responsible for collecting, classifying and counting crime reports for use in preparing and publishing annual Clery crime statistics.
        2. Responsible for coordinating the classification and counting of crime statistics with Campus Security Authorities (CSA).
        3. Responsible for notification to CSAs of their reporting obligations and training on the reporting process.
        4. Oversees the Campus Annual Security Report Committee, a multidisciplinary team that provides strategic vision and planning for Clery Act compliance and provides input into the Campus Annual Security Report.
        5. Responsible for confirming the college’s Clery geography as defined by the Clery Act.
      2. Campus Annual Security Report Committee

        The committee meets at least quarterly to discuss vision and planning for Clery Act compliance and policy development to enhance campus safety. Members of the committee are subject matter experts from multiple departments.

      3. Campus Security Authority (CSA)
        1. CSAs are responsible for reporting allegations of Clery Act crimes that are reported to them in their capacity as CSAs.
        2. CSAs record information about the crime reported to them in a timely manner by completing a CSA Incident Reporting Form. Housing staff members may submit these reports via the RA Incident Reporting Form.
        3. CSAs contact College Police immediately if the incident poses an imminent threat to the campus community.
    2. Annual Security Report (ASR)
      1. The College will produce an Annual Security Report by October 1 that contains a summary of campus security policies and crime statistics for the prior calendar year.
        1. The College must provide notice to all enrolled students and current employees that includes a statement of the report’s availability, description of the contents, exact URL where the report is posted and how to obtain a printed copy of the report.
        2. The College must provide a notice to prospective student and prospective employees that includes a statement of the report’s availability, description of the contents, exact URL where the report is posted and how to obtain a printed copy of the report.
      2. The Clery Act Coordinator is responsible for verifying the accuracy, relevance and currency of information received from various departments that is included in the compilation of the ASR.
    3. Crime Reporting
      1. Crimes should be reported to the College Police department. A crime can also be reported when it is brought to the attention of a CSA or local law enforcement agency.
      2. The College encourages accurate and prompt reporting of all crimes.
    4. Ongoing Disclosures
      1. Timely Warnings – The College Police department will determine the need for and issue Timely Warnings for any Clery Act crimes that represent an ongoing threat to the safety of students, employees or the college community.  The College Police will coordinate the issuance of timely warnings with the IT department to send messages via Connect Ed and with Institutional Advancement to send messages via social media and other appropriate methods.
      2. Emergency Notifications — the College Police will issue an emergency notification upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students, employees or the college community. The College Police will coordinate with the IT department to send messages via Connect Ed, and coordinate with Institutional Advancement to send messages via social media, including the college website, and other appropriate methods.
      3. Daily Crime Log – The College Police will create and maintain a written public log of all crimes reported to College Police that occurred at any  property owned, leased or rented by the College within 500 yards of that property or within granted patrol jurisdiction. The Daily Crime Log must include the date, time, general location, and disposition of each reported crime; victim confidentiality will be honored. All reported crimes will be reviewed by College Police prior to entry on the crime log. Entries must be added to the Daily Crime Log within two business days of the report. The log will be made available to the public inspection at the College Police department office for a period of 60 days, and retained for seven years, as required by records retention guidelines.
    5. Missing Students
      1. Housing staff receiving a report of a missing student must immediately notify College Police at: 478-289-2090.
      2. Each residential student has the opportunity to identify a Confidential Contact to be notified by College Police in the event a student is deemed to be missing. The confidential contact may be different from the student’s emergency contact. Students under the age of 18 who are not emancipated will be informed each academic year that the institution is required to notify the custodial parent no later than 24 hours after the time the student is deemed to be missing.
      3. College Police will investigate the missing person report and determine if the student is missing. Circumstances may include:
        1. The student is out of contact after reasonable effort have been made to reach the student via phone, email, texts, and visits to the on-campus room.
        2. Conditions that may indicate an act of criminality in involved.
        3. Conditions that may indicate physical safety is in danger.
        4. Conditions become know that indicate medicine dependence may threaten health; and or
        5. Existence of physical/mental disability indicating the student’s physical safety could be in danger.
      4. If the student is deemed missing, College Policy will notify local law enforcement and the student’s confidential contact no later than 24 hours after the student is determined to be missing. For students under the age of 18 who are not emancipated,  College Policy will notify the custodial parent no later than 24 hours after the time the student is deemed to be missing.
    6. Alcohol and Other Drugs
      1. East Georgia State College Policy regarding alcohol provides:
        1. No student shall possess or consume, distribute, manufacture or sell an alcoholic beverage or container on East Georgia State College property or at institutionally approved events or unlawfully possess or consume distribute, manufacture, or sell an alcoholic beverage or container off EGSC property.
        2. No student shall be under the influence of alcohol while on East Georgia State College property or at institutionally approved events, or under the influence of alcohol in such a way that it violates federal, state, or local laws on or off campus.
      2. East Georgia State College policy regarding drugs provides:
        1. No student shall unlawfully possess or consume (without a valid dental or medical prescription), distribute, manufacture or sell illegal or dangerous drugs or drug-related paraphernalia on East Georgia State College property or at institutionally approved events or unlawfully possess or consume (without a valid dental or medical prescription), distribute, manufacture, or sell illegal or dangerous drugs or drug-related paraphernalia off EGSC property.
        2. No student shall be under the influence of illegal or dangerous drugs while on East Georgia State College property or at institutionally approved events, or under the influence of illegal or dangerous drugs in such a way that it violates federal, state, or local laws on or off campus.
        3. Education and Prevention
          Programming is provided by multiple departments across all campuses. This is assessed during the biennial review process.
    7. Violence Against Women Act (VAWA)
      1. Prohibited Offenses – EGSC prohibits the crimes of Dating Violence, Domestic Violence, Sexual Assault (rape, fondling, incest, statutory rape) and Stalking, as defined herein.
      2. Disciplinary Processes – proceedings are conducted by Title IX, Student Conduct, Human Resources and College Police, consistent with this policy.
      3. Accommodations and Protective Measures
        1. When the Title IX Coordinator or the Coordinator’s designee receives information regarding an allegation of sexual misconduct, including but not limited to, dating violence, domestic violence, sexual assault (rape, fondling, incest, statutory rape) and stalking, the victim will be provided written information on support services. Support services are offered as appropriate, as reasonably available and without charge. Support services are non-disciplinary and non-punitive.
        2. Support services include counseling, health, mental health, legal assistance, immigration and visa assistance, student financial aid and other services.
        3. Accommodations may include assistance with requesting changes to academic, living, transportation and working situations or protective measures.
        4. Accommodation or protective measures may be made if requested by the victim and if reasonable; and may be provided regardless of whether the victim reports the crime to the College Police or local law enforcement.
        5. Accommodation or protective measures will remain confidential, to the extent practicable and doing so does not prevent the institutions from providing the accommodation or protective measures.
        6. Supportive measures must be offered regardless of whether an investigation is pending or ever occurs.
      4. Educational programming
        Programming is provided to students, faculty and staff by multiple departments across campus.
    8. Retaliation

      No officer, employee or agent of EGSC may retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual for exercising their rights or responsibilities under any provision of the Clery Act or this policy. Violation of this provision is subject to the disciplinary process of Human Resources of Student Conduct.

    9.  Submitting Crime Statistics to the US Department of Education (ED)
      The College is required to submit the Clery crime statistics to ED. An annual web-based survey, Campus Safety and Security Survey, is conducted by ED to collect statistical data published in the College’s ASR. Prior to collection, ED sends a letter and registration certificate to the appropriate College personnel (President and Chief of Police). This letter contains information necessary to access the survey and enter the data. The College’s representative (Clery Coordinator) enters the crime data for the prior calendar year and the submission is locked on the ED website. After the college’s Clery crime data is entered, the Clery data is included in the institution’s ASR, along with the two prior calendar year statistics, for comparison purposes.  The ASR report is due October 1st.

    10. Sex Offender Registry

      The college will publish the link to the Georgia Sex Offender Registry as part of the Annual Security Report.