Compliance and Ethics Program

Director of Public Safety Responsiblities

Federal laws

Emergency Response Policies and Evacuation Procedures

This is an amendment to the Campus Security Act made by HEOA in 2008.

Institutions are required to disclose emergency response policies and evacuation procedures. The first annual security report in which a statement of policy would need to be included would be the report due for distribution by October 1, 2010. The policy should include a description of how text messaging or any other electronic system will be used. The school would be required to document each test of the emergency response system, including data on exercise, time date and announced or unannounced. The emergency response policy must include procedures to implement the following:

• Immediate notice to the campus community upon confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff occurring on the campus, unless issuing a notification will compromise efforts to contain the emergency;
• Annual publication of emergency response and evacuation procedures to students and staff;
• Annual test of emergency response and evacuation procedures. (20 USC 1092 (f)(1)(J));
• Determine the appropriate campus community segment or segments to notify;
• Determine the content of the notification; and
• Initiate the notification system.

Two additional changes made by HEOA are the following:

Institutions must report whether they have agreements (i.e. written memoranda of understanding) with state or local police agencies for the investigation of alleged criminal offenses. (20 USC 1092 (f)(1)(C)(ii))

The list of hate crimes that must be reported has been modified to include the following crimes: larceny-theft, simple assault; intimidation, and property destruction, theft or vandalism. (20 USC 1092 (f)(1)(F)(ii))

See the NAICU HEA 101 Quick Guide to Campus Crime Reporting for more information and a link to the text of the new law.

At CUA the publication of emergency response and evacuation procedures will be included in the Annual Campus Security Report that is distributed to students and faculty each fall, commencing Fall 2010.

Missing Student Notification Policy and Procedures

Any institution participating in a Title IV federal student financial aid program that maintains on campus housing facilities must establish a missing student notification policy and related procedures. Based upon the status of negotiated rulemaking, it appears likely that this policy will have to be in place by the annual security report distributed by October 1, 2010.

The policy must:

• Inform each such student that such student has the option to identify an individual to be contactedby the institution not later than 24 hours after the time that the student is determined missing in accordance with official notification procedures established by the institution;
• Provide each such student a means to register confidential contact information in the event that the student is determined to be missing for a period of more than 24 hours;
• Advise each such student who is under 18 years of age, and not an emancipated individual, that the institution is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing in accordance with such procedures;
• Inform each residing student that the institution will notify the appropriate law enforcement agency not later than 24 hours after the time that the student is determined missing in accordance with such procedures; and
• Require, if the campus security or law enforcement personnel has been notified and makes a determination 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 campus, the institution to initiate the emergency contact procedures in accordance with the student's designation.

The Procedures must:

• Include procedures for official notification of appropriate individuals at the institution that such student has been missing for more than 24 hours;
• Require any official missing person report relating to such student be referred immediately to the institution's police or campus security department; and
• If, on investigation of the official report, such department determines that the missing student has been missing for more than 24 hours, requires-

(I) such department to contact the individual identified by such student

(II) if such student is under 18 years of age, and not an emancipated individual, the institution to immediately contact the custodial parent or legal guardian of such student; and

(III) if subclauses (I) or (II) do not apply to a student determined to be a missing person, inform the appropriate law enforcement agency.

Primary responsiblity for this new law rests with the Dean of Student's Office. However, procedures will be in place that will require any official missing person report relating to such student be referred immediately to the institution's police or campus security department. If, on investigation of the official report, the Director of Public Safety (or her designee) determines that the missing student has been missing for more than 24 hours, then DPS will

(I) contact the individual identified by such student

(II) if such student is under 18 years of age, and not an emancipated individual, contact the custodial parent or legal guardian of such student; and

(III) if subclauses (I) or (II) do not apply to a student determined to be a missing person, inform the appropriate law enforcement agency.

Resources

Campus Safety and Security Project Survey

This is a report on results from a multi-organization survey led by NACUBO which was designed to assist schools in finding ways to deal with campus safety and security. The survey addresses emergency preparedness, ability to respond to threats, preventative measures, physical infrastructure, communications and systems infrastructure, strategies for behavioral/mental health issues, business continuity issues, budget and funding issues and emergency management.