Jeane Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) and the Safe and Drug-Free Schools and communities ACT (DFSCA): Policies, Reporting, Warnings, and Notifications.
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, more commonly known as the Clery Act, is contained (along with other security-related disclosure requirements) in section 485 of the Higher Education Act, codified at 20 U.S.C. – 1092. It requires all postsecondary education institutions to keep records and report annually on the nature, date, time, and place of crimes occurring on campus, including hate crimes. It also prescribes a number of security-related protocols for emergency response procedures, timely notifications for on-campus crimes, etc.
Hairmasters Institute of Cosmetology (hereinafter HMIC) Annual Campus Safety and Security Report (aka ASR) is distributed in compliance with the Clery Act. Also up for review, is the Drug and Alcohol Abuse Prevention Program. Both the ASR and Drug and Alcohol and Abuse Prevention Program. Both the ASR and Drug and Alcohol and Abuse Prevention programs information is available by request and in the student/staff Policy and Procedures manual.
HMIC’s commitment to safety and security includes:
- Providing a secure and crime free environment for students, faculty and staff.
- Performing regular evaluation of security programs
- Monitoring and following up on each crime reported
We believe student, faculty and staff behavior which promotes security awareness is important in all aspects of our lives and we encourage all students, faculty and staff to accept responsibility for their own security as well as the security of other members of our HMIC community.
Comments, questions or concerns may be addressed to:
Hairmasters Institute of Cosmetology
Attention: Julie Fritzsche, CEO
506 McClun Street
Students, faculty or staff who wish to report criminal actions, should immediately contact the CEO or other responsible supervisory personnel on campus. The criminal action should then be immediately reported by students, faculty or staff to the local authorities for assistance and/or investigation. The Academy of Hair Design Incident Report form should be completed by the person reporting the criminal action with the assistance of the CEO or responsible supervisory personnel on campus at the time of the report filing. The report should be filed as responsibility to another appropriate administrator for follow up. Outcomes and any preventative or other actions taken to ensure the safety and security of all staff, faculty and students will be reported. Incident Report forms may be requested from the Administration office.
Preparing the Annual Disclosure
HMIC’s CEO will serve as the Campus Security Authority (CSA). The CSA is responsible for gathering the data used to prepare the annual campus crime statistics report. Campus crime data is gathered the same day that it is reported. The data is obtained from reports made to local law enforcement. Crimes are counted in the disclosure based upon the crime having been reported, not whether there was a conviction. Data is obtained annually from local law enforcement and compared with the data gathered at the school. The resulting data is used to prepare the annual crime statistics report.
The ASR is published by October 1 of each year. The ASR will be visibly present for current students and employees to inspect with notice that paper copies are available upon request. A notice of the ASR’s availability is provided to prospective students and employees with a notice that a paper copy is available upon request.
REPORTABLE OFFENSES UNDER THE CLERY ACT
The Clery Act requires reporting on the following offenses:
- Manslaughter (non-negligent)
- Sex offenses, forcible and non-forcible
- Aggravated assault
- Motor vehicle theft
- Arrests or persons referred for campus disciplinary action for liquor law violations
- Arrests or persons referred for campus disciplinary action for drug-related violations
- Arrests or persons referred for campus disciplinary action for weapons possession
- Hate crimes (which for Clery Act purposes include any crime listed in the preceding points and as of 2008, larceny-theft; simple assault; intimidation and destruction, damage or vandalism of property in which the victim is intentionally selected because of his or her actual or perceived race, gender, religion, sexual orientation, ethnicity or disability)
On March 7, 2014 President Obama signed the Violence Against Women Reauthorization Act of 2013 (VAWA). Among other provision, this law amended the Clery Act to require postsecondary institutions to include in their Annual Campus Security Report all instances of domestic violence, dating violence and stalking; and instances of gender identity and national origin crimes which fall under the category of Hate Crimes. These new reportable items must be included in the ASR released by October 1, 2015.
The Clery Act requires each institution to disclose crime statistics that occur on three types of property: campus, non-campus buildings or property and public property areas.
“Campus” is defined as buildings or property owned or controlled by the institution within the same reasonably contiguous geographic area and used by the institution in a manner related to the institution’s educational purpose. It also includes property in that contiguous area owned by the institution but controlled by another person, if that property is used by students and supports institutional purposes (e.g. a food or retail vendor). Branch campuses and geographically disconnected administrative divisions or schools would be considered separate campuses for the purposes of reporting.
“Public property” is property that is located within the same reasonably contiguous geographic areas of the campus, like a sidewalk, street or public parking lot, that is adjacent to a facility owned or controlled by the institution for purposes related to the institution’s educational purposes. Crimes occurring on “public property” must also be reported in the crime statistics.
“Non-campus building or property” is one that is owned or controlled by a school recognized student organization, or one that is owned or controlled by the institution and used by students or by the institution for education-related purposes and that is not within the same reasonably contiguous geographic area of the campus. Crimes occurring on “non-campus property” must be reported. However, incidents occurring on public property adjacent to “non-campus buildings or property” do not have to be included. Hairmasters Institute of Cosmetology does not have such property in this category for which we must report.
Timely Campus Warnings or Alerts
A timely warning to the campus community is distributed regarding any of the crimes listed in the Reportable Offenses under the Clery Act which are deemed to represent a threat to the students and employees and which are reported to campus officials or to local police agencies. The campus crime alert is issued in a manner that is timely and will aid in the prevention of similar crimes. The manner of dissemination to alert the campus community may include one or more of the following methods: verbal communication, e-mail, campus bulletin boards, voicemail, and text messages.
A Statement of Current Policies Concerning Campus Law Enforcement and Policies That Encourage Prompt Reporting of All Campus Crime to the Campus Police and Local Police:
*HMIC is a non-residential school and does not have a campus police force. All crimes are reported to local authorities (Bloomington Police) described in the first section regarding policies and procedures to report crimes.
Hairmasters Institute of Cosmetology Incident Report form may be requested from the Administration Office to assist in the description and recording of an incident of crime or emergency.
Voluntary Crime Reporting
HMIC is a non-residential school and does not have campus police therefore crimes must be reported to local authorities (Bloomington Police). Local law enforcement will allow a victim or witness to report crime on a voluntary and confidential basis.
Efforts are made to inform members of the campus community on a timely basis about campus crime and crime-related issues. These efforts may include the following:
- Crime Activity Log – The office of the CEO maintains a crime log, which is available for review within two days of request except in cases whereas disclosure of such information may be prohibited by law, jeopardize the confidentiality of the victim, etc.
- Crime Alerts – published when a crime occurs on or near the HMIC campus that potentially threatens the campus community. The crime alerts may be distributed in a variety of methods, depending on the incident. (See Timely Campus Warnings above)
How to Report Crimes on Campus
Students and employees are cautioned never to attempt to apprehend or pursue a suspected criminal. Crimes or suspected criminals should be reported to the CSA or other designated staff member, or, if appropriate, to 911 emergency. Immediately report any crimes or suspicious activity by notifying the CEO or other supervisory personnel on campus.
If you have any doubts about whether to report something that has occurred, report it. If you see something, say something. Victims of or witnesses to crimes may disclose them on a voluntary, confidential basis to the CSA, which can then determine whether the event constitutes reporting. Timely cooperation in reporting assists the school in issuing equally timely warning to the campus community.
Always use your eyes, ears and telephone to keep campus officials advised of what you see and/or hear. Crimes to be reported immediately include, but are not limited to:
- Strangers loitering in office areas, hallways, classrooms or student/staff break rooms
- Unsecured doors or windows in campus buildings that are supposed to be locked
- Anyone tampering with a motor vehicle or loitering in campus parking lots
- Persons publicly displaying a weapon
- Persons loitering in dark or secluded areas
- Persons carrying suspicious articles, equipment, luggage or other package in or out of campus building
Crime is a serious problem with no easy solutions. Therefore, all members of the school campus community are encouraged to assist one another by taking responsibility for personal safety and assisting with the security needs of others. While school staff and security measures may offer assistance regarding safety and security concerns, ultimately the primary responsibility for your personal safety rests with you.
- Stay alert of your surroundings, wherever you are
- If you feel uncomfortable in a place, leave immediately
- Stay safe walking to your vehicle by walking out with others or ask to be escorted by a trusted staff member.
- Choose busy streets and avoid going through deserted areas
- At night, walk in well-lit areas, avoid dark alleys or streets whenever possible
- Try not to walk or jog alone.
- Avoid carrying large sums of cash
- When in public places, keep valuable items including jewelry, mobile phones and wallets out of sight
- Carry a pepper or mace spray as a precautionary measure
- After dark, walk in groups to and from. Use the buddy system making sure each gets to their car safely.
- Communicate suspicious behavior immediately to staff
- Familiarize yourself with the exits in buildings/classrooms
A list of programs and information available to students and employees is located in the career planning offices.
Security, Personal Safety and Crime Prevention
HMIC provides information on personal safety crime prevention. The Student Services office has a directory of services that are available, within the community, to assist those who have suffered from a criminal act. Sometimes, these services are provided by the community. During orientation, faculty and staff procedures are outlined to cover the reporting of all criminal acts.
Campus Sex Crimes Prevention Act
The federal Campus Sex Crimes Prevention Act that became effective October 27, 2002 requires eligible institutions participating in the Title IV Federal Student Aid programs to issue a statement advising the campus community where the state law enforcement agency information concerning registered sex offenders/predators may be obtained. Sex offenders are required to be registered according to the State Law in the State in which they reside and are also required to notify appropriate State Officials of each postsecondary school at which the offender is employed or is a student. Any such offender is also required to give notice to the appropriate State authorities of any changes in enrollment or employment status at the postsecondary school.
In the state of Illinois information concerning registered sex offenders and predators may be obtained from Illinois Sex Offender Registry.
Information is also available in the United States Department of Justice national sex offender registry at www.nsopw.gov/Core/Portal.aspx
A Statement of Current Policies Concerning the Sexual Assault Prevention Program and the Procedures That are Followed:
The new Campus Sexual Violence Elimination Act of 2013 (SaVE Act) requires schools to educate students, staff, and faculty on the prevention of rape, acquaintance rape, domestic violence, sexual assault, and stalking. As a part of HMIC’s compliance with the SaVE Act requirements for prevention and awareness programs that address the specified areas above, the institution has several relevant brochures available on display on campus. These brochures are from nationally recognized organizations and include awareness and preventive information. These brochures also include help hotlines related to these specific topics. Additionally, HMIC has a sexual assault prevention program that includes, but is not limited to the following:
- Use of a “Buddy System” when walking to parked cars at night
- Leaving the building in a group when classes are dismissed
- If an assault occurs, notify the CEO or a supervisor on campus immediately
- Do not disturb the crime scene
- Notify law enforcement officials
- Secure counseling for the victim, or offer a referral to appropriate entities that provide applicable counseling
- Change the academic schedule if victim requests
- Disciplinary actions include dismissal from the school
As part of the effort to provide an environment conductive to the school’s mission, the following services relating to sexual assault are provided at Hairmasters Institute of Cosmetology, Inc. The school provides educational programs (referenced above) to enhance awareness of sexual assault and the condition that fosters this offense on school campuses. The school undertakes efforts to safeguard the rights and interest of the survivor and pursues sanctions against the perpetrator(s) of sexual assault. The school official will, upon request, arrange transportation to a hospital for treatment and evidence collection; provide notification top an off-campus and counseling service; provide assistance in contracting the appropriate law enforcement agency as applicable.
HMIC does not tolerate sexual assault against females or males, whether committed by a stranger or by an acquaintance. The school attempts to protect members of the school community, including visitors, from sexual assaults and offers any student or staff member who survives a sexual assault that occurs within the context of the school community the support necessary to enable them to continue their academic or career goals.
For the purpose of this policy, “sexual assault” is defined as any sexual act perpetrated upon a person without their consent, where the assailant uses physical force, threat, coercion or intimidation to overpower or control the victim; where the victim fears that they or another person will be injured or otherwise harmed if they do not submit; where the victim is prevented from resisting due to the influence of alcohol or other drugs; or where consent is otherwise not freely given. A sexual act includes, but is not limited to, actual or attempted intercourse, sexual touching, fondling and groping. Sexual assault is classified as “rape” when vaginal, anal, or oral intercourse takes place without consent. This includes penetration by a foreign object.
Sex crimes, including but not limited to sexual assaults and rapes, represent violations of criminal and civil law and constitute serious breaches of student or employee conduct as well. All parties engaging in sexual activity must be based upon explicit consent among the parties. Verbal communications of non-consent, non-verbal acts of resistance or rejection, or mental impairment of the victim due to any cause including the victim’s use of alcohol or drugs may constitute lack of consent. The use of alcohol or drugs will not be accepted as an explanation for the actions of any individual charged with the violation of this policy.
Any individual who has been sexually assaulted, including date or acquaintance rape, is strongly encouraged to report the incident to the local police or the school CEO or other supervisory personnel on campus as well as any civil authorities that an individual deems appropriate. Staff members are trained to assist and support victims in notifying appropriate law enforcement authorities regarding such crimes, if requested by the victim.
Suggestions to Reduce Risk
- There is strength in numbers or group dates. Go to parties or clubs with a friend and be responsible for each other. DO NOT SPLIT UP. Have a pre-planned signal to let your friends know that you want to leave or need help.
- Control your alcohol intake – do NOT let it control you. Drink responsibly or not at all, especially on first dates.
- No substance abuse
- Know your limits. It’s never too late to say “no.” Don’t be embarrassed or ashamed to say “no” or “stop.” It is your body.
- Verbalize your expectations. Be up front. Talk about sexual boundaries.
- Trust your gut instinct. Guard your personal space. If someone makes you uncomfortable, remove yourself from the situation.
- Believe in yourself. Know your rights. You are in charge of your body and you can say “no.”
- Leave if your date becomes drunk or abusive. No one deserves physical or emotional abuse.