The Catholic University of America

Responsibilities of the Captain, Crime Prevention and Deputy Title IX Coordinator

Title IX of the Education Amendments of 1972

The University is prohibited from discriminating on the basis of sex in any educational program or activity that receives federal funding. Sexual harassment and sexual violence are forms of sex discrimination.  The University must designate a Title IX Coordinator who is responsible for implementing compliance. The Captain, Crime Prevention serves as the Deputy Title IX Coordinator and as such is responsible for investigating allegations of sexual crimes under Title IX in coordination with the Title IX Coordinator. (See Responsibilities of the Title IX Coordinator/Employee Relations Director for further details regarding Title IX.) 

The Campus Security Act of 1990 (AKA the Clery Act) as amended by the Higher Education Amendments of 1992, the Higher Education Opportunity Act (HEOA) of 2008, and the Violence Against Women Act (VAWA) of 2013

As an institution receiving federal financial aid the University must keep information about crime on and near its respective campuses and provide an Annual Security Report to all students and employees by October 1st each year, and to the Secretary of Education by October 15th each year.  The Annual Security Report must include crime statistics, security measures and policies, and where crimes should be reported. The HEOA amended the Clery Act to modify the list of hate crimes that must be reported, and added 4 additional crimes that must be reported (larceny-theft; simple assault; intimidation; and property destruction, damage or vandalism). The VAWA amended the Clery Act further to add national origin and gender identity to the list of hate crime categories that must be reported, and to add 3 additional crimes that must be reported (domestic violence; dating violence; and stalking) starting with the October 2014 report.

Clery requires that the University have security policies that encourage accurate and prompt reporting of crimes to campus police and law enforcement agencies, and include procedures for immediate notification of emergencies and evacuation of the University. The University also must afford campus sexual assault survivors certain basic rights, including assistance notifying the police, and must have a campus sexual assault prevention program.

The University must publicize its procedures on an annual basis in a manner designed to reach students and staff, and must test annually emergency response and evacuation procedures and document the testing.  VAWA also requires additional education, notice and campaign work by the institution to notify students and new employees of dangers and rights, as well as an ongoing campaign for students and faculty.

The University must send timely warnings whenever a threat to students and employees is present for the crimes (listed below) which are reported to local police or campus security authorities. Procedures must be in place on how to issue these notices. The Captain, Crime Prevention, is responsible for the following:

Issuing Campus Crime Alerts: A timely warning to the campus community must go out regarding any of the below listed crimes which are deemed to represent a threat to the students and employees, and which are reported to campus security authorities or to local police agencies. The campus crime alert must be issued in a manner that is timely and will aid in the prevention of similar crimes. Campus security may decide to issue an alert about a crime occurring off-campus but in a location frequented by students, even though such a crime would not be included in the Annual Security Report.

Aggravated Assault

Arson

Burglary

Criminal Homicide

Dating Violence

Domestic Violence

Hate Crimes

Intimidation

Larceny-Theft

Motor Vehicle Theft

Number of students referred for Campus Disciplinary Actions (for alcohol, drug or illegal weapon violations)

On-campus Arrests for Alcohol, Drug and Illegal Weapon Violations

Property Destruction, Damage or Vandalism

Robbery

Sex Offenses

Simple Assault

Stalking

Maintaining Campus Crime Log: Institutional law enforcement units must keep a daily log that records crimes by their nature, date, time, general location, and disposition of the complaint. The log must be made available to the public within 2 business days of a request unless disclosure of such information would:

1.         Be prohibited by law;

2.         Jeopardize the confidentiality of the victim;

3.         Jeopardize an ongoing criminal investigation;

4.         Jeopardize the safety of an individual;

5.         Cause a suspect to flee or evade detection; or

6.         Result in the destruction of evidence.

Reporting Annual Security Statistics: The annual security statistics must be submitted to the Secretary of Education by Oct. 15th. This is done over a secure web site transmission.

Campus Sex Crimes Prevention Act

All Institutions of Higher Education must issue a statement advising the campus community where law enforcement agency information provided by a State 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. FERPA does not prohibit release of data on registered sex offenders under this law. The Captain, Crime Prevention, is responsible for providing a web link or campus law enforcement address in the Annual Security Report where the information required by this law can be found.

Additional Resources

CUA Campus Crime Alert Protocol

Department of Education Campus Security website

2011 The Handbook for Campus Safety and Security Reporting

NACUA Notes: The Clery Act and Overseas/Distance Study: New Developments and Compliance Guidance

NACUA Notes: The 2011 Clery Handbook: New Developments and Important Changes

Title IX website

Related Policies

Code of Student Conduct

Non-Discrimination, Anti-Harassment and Title IX Compliance Policy

Non-Retaliation Policy

Sexual Offenses Policy (student)