Student Right-to-Know and Campus Security UPPS No. 01.04.05
Act of 1990 Issue No. 5
Effective Date: 08/21/2013
Review: January 1 E2Y
01. POLICY STATEMENT
01.01 This UPPS is designed to assist members of the Texas State University community to understand and comply with the Student Right-to-Know and Campus Security Act of 1990 (the “Act”).
02.01 Sex Offenses – These include sexual violence, dating violence, domestic violence, and stalking as referenced in the Jeanne Clery Act.
03. THE STUDENT RIGHT-TO-KNOW ACT
03.01 In General. Title I of the Act, known as the "Student Right-to-Know Act," requires the university to compile and release institution-wide graduation rates to all students and more detailed statistical information concerning graduation rates of athletes to the Department of Education and certain individuals.
03.02 Disclosure to All Students. The university will release the completion or graduation rates of all full-time students seeking a certification or degree to any prospective or current student prior to the student enrolling or entering into any financial obligation with the university.
a. The university will make the information available each year, and will cover the one-year period ending on June 30 of the preceding year. The information is available by request only to students requesting materials on attending classes.
b. The Department of Athletics, with the assistance of the Office of Institutional Research, will compile the information in accordance with the Act and make it available in an appropriate form.
03.03 Disclosure to the Department of Education and Certain Individuals. The university must submit a report to the Department of Education annually that contains six categories of information related to student athletes: (1) the number of students who received athletically-related student aid; (2) the number of students at the institution; (3) the graduation rate for students who received athletically-related student aid for football, basketball, baseball, cross-country/track, and all other sports combined; (4) the graduation rate for all students at the university; (5) the average graduation rate for students who received athletically-related student aid; and (6) the average graduation rate for all students at the institution.
a. The report will contain each category of this information, which must be broken down by race and gender.
b. In addition to filing a report with the Department of Education, the university must provide all of the data to any potential student, his or her parents, guidance counselor, and coach when the university offers the student athletically-related student aid.
c. The Department of Athletics will compile the report for the Department of Education and the other information in accordance with the Act and make it available in an appropriate form.
04. THE CRIME AWARENESS AND CAMPUS SECURITY ACT OF 1990
04.01 In General. Title II of the Act, known as the "Crime Awareness and Campus Security Act of 1990," requires the university to: (1) provide a missing person procedure; (2) compile specified information on campus crime statistics and campus security policies; (3) make timely reports to the campus community on crimes considered to be a threat to other students and employees; (4) publish and distribute an annual report of campus security policies and crime statistics to all current students and employees; (5) provide copies of the annual report to any applicant for enrollment or employment upon request; (6) upon request, submit a copy of the annual report to the Secretary of Education; and, (7) compile fire statistic reporting.
04.02 Missing Person Procedure. In addition, the director of the University Police Department (UPD) shall provide information to students who reside in on-campus housing that:
a. includes procedures for officially notifying appropriate university personnel that a student has been missing for more than 24 hours;
b. requires immediate referral of an official missing person report relating to a student to UPD (see Attachment I); and
c. if, after investigating the official report, UPD determines that the student has been missing for more than 24 hours, requires:
1) UPD to contact the individual identified by the student as their confidential contact; and
2) UPD to immediately contact the custodial parent or legal guardian of an unemancipated student under 18 years of age.
d. In addition, the director of UPD shall provide information to students who reside in on-campus housing that:
1) Informs each student of the option to identify an individual the university will contact not later than 24 hours after the time that the student is determined missing under university notification procedures above (see Attachment I);
2) Provides each student a means to register confidential contact information if the student is determined missing for more than 24 hours (see Attachment I);
3) Advises each unemancipated student under 18 years of age that the university is required to notify a custodial parent of guardian not later than 24 hours after the time the student is determined missing (see Attachment I);
4) Informs all residing students that the university will notify appropriate law enforcement agencies not later than 24 hours after the student is determined missing; and
5) Requires campus security or law enforcement personnel to initiate emergency contact procedures according to the student’s designation when notified that a student who is the subject of a missing person report, has been missing for more than 24 hours and has not returned to the university campus (see Attachment I).
04.03 Crime Statistics and Security Policies. The director of UPD will collect the information specified in the Act relating to crimes reported on campus.
04.04 Timely Reports to the Campus Community. The director of UPD will immediately report murders, rapes, robberies, aggravated assaults, burglaries, and motor vehicle thefts that have been reported to UPD and considered to be a threat to other students and employees, to the university's director of University News Service.
a. The director of University News Service will disseminate this information in a manner that will aid in the prevention of similar occurrences.
b. Examples of forms of dissemination include press releases to campus and local newspapers, radio, television, and other media; postings on bulletin boards; flyers and announcements at meetings of students and employees; special notices through the residence hall staff; postings in dining halls; notices included with pay checks; electronic mail; faculty and staff newsletters; or individually addressed correspondence. Not every crime will require notice in all these forms. These examples are listed as suggestions in appropriate cases.
04.05 Annual Security Report
a. Preparation. During August each year the director of UPD, the dean of Students, and the director of University News Service will publish and distribute, in a manner prescribed by law, an annual security report and corresponding "summary" reports to all current students and employees, upon request. These officials will publish the report (Campus Watch) by October 1 each year on Texas State’s UPD website, or on Texas State’s home page.
b. Distribution. The director of Admissions and the director of Human Resources will provide copies of the annual report to any applicant for enrollment or employment upon request. They will, however, inform these individuals of the report's availability and give them a summary of its contents. The summary will include the content topics set forth in subsection c. below. The president will submit a copy to the Secretary of Education upon request.
c. Contents. The annual security report will contain:
1) Reporting Crimes and Emergencies. A statement of current policies regarding procedures for reporting crimes and emergencies and the institution's response to such reports;
2) Security and Access to Facilities. A statement of current policies concerning security of and access to campus facilities;
3) Law Enforcement. A statement of current policies concerning campus law enforcement, including authority of security personnel and policies encouraging reporting of crime;
4) Security Programs. A description of the type and frequency of programs to inform the campus community about security procedures and encourage individuals to be responsible for their own security;
5) Crime Prevention. A description of programs about crime prevention; and
6) Crime Statistics. Statistics on the occurrence on campus of the following crimes in the past three calendar years, as reported to UPD or any university official who has significant responsibility for student and campus activities:
(b) sex offenses, both forcible and non-forcible;
(d) aggravated assault;
(f) motor vehicle theft; and
(g) unduplicated counts of any of the above crimes that involve prejudice based on race, religion, sexual orientation, or ethnicity;
7) Off-Campus Crime. A statement of policy on monitoring and recording off-campus crime through local police agencies;
8) Drug, Alcohol, and Weapons Violations. Statistics for the past calendar year on arrests for drug, alcohol, and weapons violations;
9) Alcohol. A statement of policy on the possession, use, and sale of alcohol;
10) Illegal Drugs. A statement of policy on the possession, use, and sale of illegal drugs;
11) Substance Abuse Education. A description of drug or alcohol abuse education programs; and
12) Sex Offenses. A statement of policy regarding programs to prevent sex offenses, and procedures to follow when a sex offense occurs, including:
(a) Educational Programs. A statement of the university's educational programs to promote awareness of sex offenses, including those that promote the awareness of rape, acquaintance rape, and other sex offenses;
(b) Procedures. Procedures students should follow if a sex offense occurs;
(c) Notification. Information on notifying proper law enforcement authorities, including assurance that university personnel will assist the student if requested;
(d) Counseling. Information on existing counseling and other service available to victims;
(e) Assistance. Notification that the university will change a victim's academic and living situations, if requested and reasonably available, and information on options for changes;
(f) Discipline. Procedures for campus disciplinary actions; and
(g) Sanctions. Sanctions that may be imposed by a campus disciplinary proceeding.
04.06 Fire Statistic Reporting. The university is required to prepare annual fire safety reports on student housing and forward this report to the secretary of Education. The Department of Environmental Health, Safety & Risk Management will annually prepare and publish to the university community a fire safety report containing information with respect to the campus fire safety practices and standards of that institution, including:
a. statistics for each on-campus student housing facility during the previous calendar year concerning:
1) the number of fires and the cause of each fire;
2) the number of injuries related to a fire that result in treatment at a medical facility;
3) the number of deaths related to a fire; and
4) the value of property damage caused by a fire;
b. a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;
c. the number of regular mandatory supervised fire drills;
d. rules on portable electrical appliances, smoking, and open flames (such as candles), procedures for evacuation, and policies regarding fire safety education and training programs provided to students, faculty, and staff;
e. plans for future improvements in fire safety, if determined necessary by such institution; and
f. each year, the Department of Environmental Health, Safety & Risk Management will make, keep, and maintain a log, recording all fires in on-campus student housing facilities, including the nature, date, time, and general location of each fire.
05. REVIEWERS OF THIS UPPS
05.01 Reviewers of this UPPS include the following:
Director, University Police Department January 1 E2Y
Support Services Supervisor, January 1 E2Y
University Police Department
Director, Athletics January 1 E2Y
Dean of Students January 1 E2Y
Director, Environmental Health, January 1 E2Y
Safety & Risk Management
06. CERTIFICATION STATEMENT
This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.
Director, University Police Department; senior reviewer of this UPPS
Vice President for Student Affairs