OCTOBER 2010 - hopkinsville.kctcs.edu · Web viewAny person, including campus personnel, who knowingly violates the provisions of KRS 164.9481 and 164.9483, or who knowingly induces

CAMPUS CRIME

REPORTING POLICY

MANUALOCTOBER 2010

INTRODUCTION

Hopkinsville Community College, a member of the Kentucky Community and Technical College System is a participant in the Title IV programs. This participation requires that we be proactive in advising students, their parents, and the general public of certain categories of crimes committed in the geographic vicinity of our campus. In addition to our responsibility to advise individuals of crimes, we are mandated to maintain records of crimes and to submit an annual report of crimes. The Crime Report will be provided to all students, and employees no later than October 1st of the current year and will contain a summary of this policy and a list of crimes for the three (3) previous years.

Hopkinsville Community College will send an electronic copy to all students and employees. A copy of the Crime Report will be published in the campus newspaper. Also, paper copies of the report will be placed in public areas throughout the campus. The general public will be provided with an individual copy of the Crime Report as soon as possible but no later than two (2) business day after their request. Requests for the report are to be directed to the campus’ Safety Specialist. In his absence, the Chief Business Affairs Officer or any of those designated as a “Campus Security Authority” will be able to provide copies of the Crime Report upon request.

Definitions

Campus – Refer to Campus Crime Reporting Policy

# 2.

Campus Security Authority – Refer to Campus Crime Reporting Policy #1.

Campus Security Authority term of appointment – Except for those individuals employed as security specialists and or security officers, each Campus Security Authority individual is appointed to serve yearly beginning on October 1st to September 30th of the following year.

Student Code of Conduct: Hopkinsville Community College’s Student Code of Conduct can be found in its entirety on HCC’s website at www.kctcs.edu/Students/Admissions/Academic_Policies/~/media/System_Office/Aca demics/StudentCode2010.ashx.

Fire: Any instance of open flame or other burning in a place not intended to contain the burning or in an uncontrolled manner.Fire drill: A supervised practice of a mandatory evacuation of a building for a fire.

Hopkinsville Community CollegeCampus Crime Reporting Policy #1.Campus Security Authority.

1.1 The President/CEO of Hopkinsville Community College delegated authority to the Safety Specialist to receive reports of any campus crime(s) and to act upon any such report within the scope of Title IV programs, the Clery Act, the Minger Act, and within all other laws or regulations governing this institution.

1.2 In addition to the Safety Specialist, the Chief Business Affairs Officer, Chief Academic Affairs Officer, Chief Student Affairs Officer, Chief of Community & Workforce Development, Director of Cultural Diversity, Chair of the Safety Committee and Branch Campus Director has Campus Security Authority.

1.3 Campus Security Officers work under the supervision of the Safety Specialist; regardless if they are contracted to work at the college by a third party or employed directly, authority is delegated to those security officers to act within paragraph 1.1 of this policy.

1.4 No security officer, safety specialist, or individuals with campus security authority are deemed to have Law Enforcement powers. Therefore, the carrying of any weapon, as listed in KCTCS Policy, is prohibited.

1.5 In case of any crime committed on any Hopkinsville Community College, Law Enforcement Officers are to be summoned. Hopkinsville Police Department is to be called for crimes on the main campus and the Western Kentucky Regional campus on US 41A. Military Police are to be call for crimes at the Fort Campbell, KY campus.

1.6 Except for those individuals employed as security specialists and or security officers, each Campus Security Authority individual is appointed to serve.

Hopkinsville Community

Campus Crime Reporting

Campus Geographic

2.1 Campus security and responsibility is limited to the geographic region identified by the Campus Security Authority. Therefore, Hopkinsville Community College is responsible for maintaining its Crime Log, reporting, and investigating crimes that are limited to its defined geographic region.

2.2 The Hopkinsville Community College main campus physical address is 720 North Drive. The geographic region for this campus is as follows:

South of Talbert Drive (including the traffic triangle) to Elm street; West of Elm Street from the fence at the Christian County middle

school’s athletic fields continuing along the ditch to North Drive. From the conjunction for the ditch and North Drive continuing

northward to Talbert Drive.

This geographic region consists approximately of 60 acres as described above, all buildings, driveways, sidewalks, and parking lots therein.

2.3 Hopkinsville Community College’s Fort Campbell Campus is located in the Sgt. Glen English Educational Complex, Building 202, Screaming Eagle Blvd. This facility is shared with other colleges and universities and is under the administrative authority of the US Army. For crime reporting purposes, the building, sidewalks, parking areas and adjacent lawn immediately surrounding that building is considered to be this campus’ geographic region.

2.4 The Western Kentucky Regional Educational Complex is a location that is neither owned nor controlled by Hopkinsville Community College. This location, as well as surrounding communities’ high schools, will be surveyed for determining the safety of those locations and any continuing relationship, per guidance they are not considered to be part of our campus.

2.5 Hopkinsville Community College neither owns nor controls any residential housing or dormitories.



Classifying and Defining Clery Act & Minger Act

3.1 Previous sections of this document identified those individuals with Campus Security Authority and those locations that are within Hopkinsville Community College’s mandated responsibility for reporting crime. Reporting crime is merely the first step we take. The next step is to record campus crime. The Clery Act mandates that a log of crimes is to be maintained.

3.2 Anyone rather student, employee, visitor, or passerby may report a crime. The individual initially receiving the report must assure that the Safety Specialist or any member with Campus Security Authority is immediately informed of the crime.

3.3 Informing the Safety Specialist or those with Campus Security Authority is not to preclude any individual’s initiative to call for law enforcement in case of emergency.

3.4 The Clery Act does not require reporting of alleged crime from an anonymous source which is vague, with too little information, or is alleged to have occurred outside of Hopkinsville Community College’s declared geographical region.

3.5 Hopkinsville Community College’s Safety Specialist is responsible to assure that all alleged crimes are entered timely into the Crime Log.

3.6 Any entry in the Crime Log is not an indicator of guilt; only acknowledges that an allegation had been made. Not all entries in the log are to be referred to Law Enforcement; for example, minor traffic incidents not requiring a police report.

3.7 Any alleged crime, though not reportable to Law Enforcement, is to be recorded in the Crime Log if serious in scope to be referred for disciplinary action; for example, violation of the Code of Student Conduct.

3.8 Any individual will be provided a copy of the Crime Log within two working days of the request and after required redaction.


Campus Crime Reporting Policy # 3

Classifying and Defining Clery Act & Minger Act

3.9 Requests for copies of the Crime Log shall be in writing and directed to the Chief Business Affairs Officer.



Clery Act & Minger Act Campus Crimes Reporting & Annual

4.1 The Clery Act requires certain crimes to be documented in the Campus Crime Statics Report as well as referral to Law Enforcement. Those crimes are as follows:

Murder and non-negligent manslaughter Negligent manslaughter Forcible sex offenses Non-forcible sex offences Robbery Aggravated assault Burglary Motor vehicle theft Arson All hate crimes involving bodily injury All liquor, drug, or weapons law violations resulting in arrest

4.2 All students and employees (regardless of class location) shall be notified annually of the previous year’s crime statics, and the individuals currently determined to be Campus Crime Security Authorities as soon as possible near the beginning of the fall term, but, not later than October 1st.

4.3 The notification will be made via the Crime Report which will be sent by electronic mail to the email address provided by the college, published in the campus newspaper, and offered to other local media outlets.

4.4 The Annual Report is available free of charge to anyone in the broader community. Additionally, it is posted on the college’s webpage. Free computer access is available in the Learning Resource Center and other campus locations.

4.5 The Annual Crime Report must be part of new employee orientation – workplace violence presentation.



Clery Act Requirement & Law Enforcement

5.1 No one is employed by Hopkinsville Community College for the purpose of Law Enforcement. Therefore, it is imperative that representatives of the college foster good relationships with those having law enforcement responsibility for our campuses.

5.2 The Safety Specialist is to be notified the presence of Law Enforcement Officers on our campus when they are acting within their official capacity.

5.3 Law Enforcement Officers are to be offered a private location for conducting interviews or other official duties.

5.4 A written request initiated by the Safety Specialist shall be made annually to the Chief Law Enforcement Officer for the crime statics in the campus’ geographic region(s) for the previous year.

5.5 Failure for Law Enforcement to respond to the request does not relieve this college of its responsibility to publish the Annual Campus Crime Report.

5.5 Student information, such as class location and home address etc., is considered protected information even from Law Enforcement if such request is not attested to be official. Examples of official requests and unofficial requests are as follows:

Official request - officer responding to traffic accident; Unofficial request – officer comes to campus to merely meet

with a significant other.

5.6 Campus Security Authorities, Law Enforcement Officials, and documented designated point of contacts shall be notified of missing students or student abductions.



Clery Act Requirement 34 CFR 668.46(e) &

6.1 Hopkinsville Community College is required by the above referenced federal regulation to make “Timely Warning” which is a threat to property well as a threat to persons.

6.1 A The purpose for the Timely Warning mandate is to allow individuals time to protect themselves.

6.2 These warnings are to keep the campus community informed about safety and security issues of certain crimes, and to prevent similar crimes. A listing of those crimes may be seen in paragraph 4.1 of this document.

6.3 Neither The Clery Act nor CFR define timely. Therefore, “Timely Warnings” are those issued in accordance with this college’s SNAP protocols.

6.3 Timely Warning may also include other than electronic means, such as but not limited to, positioning signage or persons at campus or building entryways.

6.4 Timely Warning decisions, as to method of warning for threats against a specific individual, may be made with consultation with Law Enforcement. For example, an individual made a threat against a significant other and the threatened individual obtains an Emergency Protective order. SNAP protocol should not be initiated. However, a threat of significant harm to unspecified individuals, departments, or groups (for example financial aid employees), may result in Timely Warning including the activation of SNAP protocols.

6.5 Hopkinsville Community College will err proactively when determining if Timely Warnings would be prudent to protect individuals.

6.6 The Family Educational Rights and Privacy Act (FERPA) does not prohibit Timely Warning in the disclosure of information “without consent when needed to protect the health and safety of others.” Refer to 34 CFR 668.31(b) (6) and 99.36.


Campus Crime Reporting Policy #

Clery Act Requirement 34 CFR 668.46(e) &

6.7 No employee of Hopkinsville Community College is expected to act as pastoral, mental health, or any other type of counselor except if academic or financial aid advising is needed. Therefore, HCC’s advisors are not exempt from reporting crime.



Clery Act Requirement Policy Regarding Sexual

7.1 Every effort is made to prevent sexual assaults on HCC’s campuses. Students and employees are informed of any past sexual assaults in the Annual Crime Report along with the procedures to obtain information about the Sex Crime Offender Registry.

7.2 As a condition of employment, every employee shall complete successfully Preventing Sexual Harassment training and its sexual assault awareness component during new employee orientation and annually thereafter.

7.3 Each employee and student is provided an individual copy of the Crime Awareness and Campus Security Act of 1990 - Annual Report.

7.4 The Annual Report is correctly updated to document the previous year’s crimes, to include information regarding how and who to report alleged crimes, and contains information as to how to obtain a variety of counseling services.

7.5 Assessable to all who visit this campus’ web site is the the Code of Student Conduct which also lists crimes that will be reported and investigated.

7.6 Security Officers offer an escorting service to students and employees upon request.

7.7 Hopkinsville Community College Campuses are dependent upon Law Enforcement having jurisdiction for investigation of all crimes. In cases of alleged sexual assault this colleges Security Authorities are mandated to contact Law Enforcement immediately.

7.8 Campus Security Authorities shall direct any employee to secure the alleged crime scene and protect any evidence from contamination until the arrival of Law Enforcement.

7.8 Hopkinsville Community College is dependent upon Pennyroyal Mental Health or a similar health care facility for after care services.


College Campus Crime

Reporting Policy # 8.

Clery Act Requirement –Annual Security Report



Clery Act Requirement –Annual

8.A.1 Hopkinsville Community College publishes its Annual Report to comply with The Clery and Minger Report requirements combined into one document.

8.A.2 Data collected from the previous calendar year will be assimilated and published no later than August 31st.

8.A.3 Any changes or requirements imposed by Clery or Minger and, received prior to August 1st , will be incorporated in the August 31st

publication.



Clery Act Requirement – Components of Crime

9.1 In accordance with paragraph 1.2 of this document, Hopkinsville Community College’s established Campus Security Authorities includes, but is not limited to, the following:

1. Safety Specialist 707-3795 Academic Bldg. Rm. B13

2. Chief Business Affairs Officer 707-3721 Admin. Bldg. Rm. 202A

3. Chief Student Affairs Officer 707-3801 Admin. Bldg. Rm. 204

4. Chief Academic Affairs officer 707-3717 Admin. Bldg. Rm. 204

5. Chief Community/Workforce Devl.

707-3741 Admin. Bldg. Rm. 204

6. Director Information Technology 707-3771 Admin. Bldg. Rm. 219

7. Director Cultural Diversity 707-3825 Auditorium Bldg. Rm. 23

8. Campus Educational Center Dir. 707-3962 Glen English Edu. Ctr.

9. Safety Committee Chair 707-3700 Administration Bldg

10. President/CEO 707-3705 Admin. Bldg. Rm. 204

9.2 Faculty advisors for student organizations and other employees holding a position of student trust are expected to act upon reports of crimes or damage, misuse, or theft to College property.

9.3 Crime reports may be made anonymously. However, it is preferred that reports be made in a manner that the reporting source be contacted if needed by Law Enforcement.

9.4 Confidentiality will be maintained to the highest degree practicable and within mandates of lawful authority to protect the identity of victim or victims.



Clery Act Requirement – Miscellaneous Crime

10.1 Hopkinsville Community College is a commuter campus and does not provide or control any student residential housing. There are times when this campus is closed for the conducting of business, education, and social activities. Persons on HCC for other than approved or authorized purposes will be considered as a trespasser and be subjected to legal recourse.

10.2 Except for certain holidays, planned campus closings, and declared emergencies, the campus is opened from 7:00 AM to 9:30 PM Monday through Friday unless otherwise scheduled.

10.3 HCC aims to be actively involved in the communities we serve through participating in various community activities. Therefore, HCC strives to maintain a campus open to the community and/or corporate citizens by offering the usage of campus facilities.

10.4 Certain activities, equipment, or functions are reserved for use by HCC’s students and employees any of whom may be asked to present their College issued ID Card or appropriate credentials (e.g. registered as a community user for computer access) as a condition of usage or participation.

10.5 Individuals eligible for enrollment in public grade school, middle school, or high school are not permitted unescorted on campus unless they are enrolled in a recognized program or activity provided by this campus.

10.6 Crime discovered outside of normal business hours (i.e. 8:00 AM to 4:30 PM, Monday through Friday) may be reported directly to Law Enforcement. However, the individual shall ensure that at minimum a verbal report is made to any one member of the Campus Security Authority.



Clery Act Requirement – Fire, Fire Drill, and Evacuation Drills

11.1 Fire is to be reported immediately to Deputy Chief Fire Marshal at 800-255- 2587, in accordance with Kentucky Community & Technical College’s (KTCTS) policy and Kentucky State Fire Marshal requirements.

11.2 Fire Drills are to be conducted at least annually but no later than September 30th, including every building on campus as applicable, with the results of the drill documented on KTCTS Form fm86.

11.3 Forms fm86 are to be sent to KCTCS’ Safety Office and HCC’s Chief Business Affairs Officer upon completion.

11.4 Actual fires and false alarms are to be documented on KCTCS Form fm87 and subsequently sent to KCTCS’ Safety Office and HCC’s Chief Business Affairs Officer upon completion.

11.5 An Evacuation Drill for other than fire is also to be conducted annually. Both Fire Drills and Evacuation Drills may be conducted either announced or unannounced.

11.6 Other Evacuation Drills will be conducted under the supervision of the Crisis Management Team with a written report to be made and submitted to the Safety Committee.



Clery Act Requirement –Sex Offenses and Sexual

12.1 Hopkinsville Community College maintains a zero tolerance policy for Sexual Offenses committed on its campuses or college sponsored activities.

12.2 Hopkinsville Community College defines Sexual Offences considered forcible:

Rape Date rape drugs etc.

Non forcible sexual offences are those such as Sexual Harassment.

12.3 Sexual Assault victims require immediate attention from a variety of sources beginning with the individual receiving the initial report, law enforcement, medical, and mental health services.

12.4 Forcible sexual assault victims will be provided with a gender appropriate companion while waiting for law enforcement response.

12.5 Chief Student Affairs Officer will offer support services to the highest extent practical and within their capacity to perform.

12.6 Perpetrators of sexual assault or harassment will be subject to disciplinary actions as required by law enforcement, KCTCS personnel policies, and/or the KCTCS Code of Student Conduct.

12.7 The Campus community, for the protection of student, will be advised of incidents of sexual predation including a computer link to the Kentucky State Police Sexual Offender Registry.

12.8 If both the alleged perpetrator and victim of any sexual assault or sexual harassment are under the jurisdiction of the Code of Student Conduct, they are entitled to the same opportunity to have others present during a disciplinary proceeding; and both shall be informed of the outcome of any institutional disciplinary proceeding. Refer to 34CFR668.46(b)(11)(vi)(A)&(B)



Clery Act Requirement – Alcohol & Drug Including Substance

13.1 KCTCS – Hopkinsville Community College is aware that there is legal usage of alcohol or drugs that is within appropriate procedures of an educational institution. Therefore, this document strives to present a policy outlining when any usage is considered to be a violation.

13.2 Use of any alcohol or drugs in any college location, function, or sponsored activity where there is a local, state, or federal law prohibiting or an ordinance against its usage is in violation of this policy.

13.3 Consumption of alcohol or drugs where lawful may be considered to be in violation of this policy if such usage endangers HCC’s students, employees, or resources.

13.4 KCTCS administrative policies and the Code of Student Conduct details types of alcohol and drug offenses and provides information for treatment, counseling, or sanctions as appropriate.

13.4 Students who demonstrate a need for or request alcohol or drug treatment or counseling will be provided information as to where those services may be obtained.



Clery Act Requirement - Counseling, Mental, Physical, Health

14.1 Hopkinsville Community College does not provide professional counseling, physical or mental health, alcohol or drug treatment services. A list of services or treatment is provided to those in need or to those who request an evaluation of service is included in this policy.

14.3 Except for worker compensation claims or fee free service for employees, there are no financial linkages between KCTCS/HCC and any Service or treatment providers. Fees for services or treatments are the responsibility of the person receiving services.

14.5 Service for sexual assault victims, physical injuries, mental health issues, suicide prevention, alcohol or drug treatment and counseling are available at:Sexual Assault, Abuse, Domestic Violence

1. Hopkinsville Police 9112. Military Police 9113. Domestic violence Hotline 800-799-

72334. Pennroyal Ctr. 881-95515. Sanctuary Inc. 886-0000

Alcohol & Drug 1. Pennroyal Ctr. 881-95512. Counseling Center of 1st

Steps to recovery… 800-2304742 3. Centerstone 800-681-7444Physical Health 1. Trover Clinic 707-33002. Jennie Stuart Medical Ctr. 887-0100

Mental Health 1. Pennroyal Ctr. 881-95512. Cumberland Hall 886-1919

Suicide Prevention 1. National SuicideLifeline 800-273-8255

14.6 The above list is not all inclusive. Other services maybe available within the community.

The Michael Minger ActKentucky Revised Statutes 164.948 to 164.9495

164.948. Definitions for KRS 164.9481, 164.9483, and 164.9485.As used in KRS 164.9481, 164.9483, and 164.9485, unless the context requires otherwise:

(1)"Campus" means all property owned, managed, or controlled by an institution of postsecondary education including but not limited to academic buildings; student housing and recreational facilities; residential facilities operated by any officially recognized student organization; all sections of public property such as streets, sidewalks, and parking facilities immediately contiguous to campus buildings; and remote facilities leased for use as classroom space or student living.

(2)"Campus security authority" means campus police, security officers, and any official at a postsecondary education institution who has significant responsibility for student and campus activities, including student discipline, student housing, student judicial affairs, and student life administration. Professional mental health, pastoral, and other licensed counselors when functioning in that capacity are not considered campus security authorities.

(3)"Crime" means murder, manslaughter, reckless homicide, assault, menacing, wanton endangerment, terroristic threatening, stalking, forcible or nonforcible sex offenses, burglary, criminal damage to property, arson, theft, motor vehicle theft, robbery, weapons possession, and criminal attempt for any of the aforementioned crimes, and arrests for drug-related violations and liquor law violations.

(4)"Immediately" means before the last fire unit has left the scene in order for the fire marshal's office to have the opportunity to speak with fire unit personnel before they leave the scene, but no later than two (2) hours following the time the fire or threat of fire is discovered. In the event of a minor fire to which the local fire officials are not called or do not respond, "immediately" means no later than one (1) hour following the discovery of the fire.

(5)"Postsecondary education institution" means any Kentucky public four (4) year institution or two (2) year community college or technical college that grants a postsecondary education credential, and any private college or university that is licensed by the Council on Postsecondary Education under KRS 164.945 to 164.947.HISTORY: (Enact. Acts 2000, ch. 190, § 1, effective July 14, 2000; 2002, ch. 166, § 2,effective July 15, 2002.)

164.9481. Duty of postsecondary institution to maintain crime log -- Duty to report to campus community on crimes and threats to safety or security of students and employees.(1)Crime log:

(a)Each postsecondary education institution shall make, keep, and maintain a daily log, written in a form approved by the Council on Postsecondary Education that can be easily understood, recording all crimes occurring on campus and reported to campus security authorities or local law enforcement agencies, including:

1. The category of crime, and a description of the incident, date, time, and general location of each crime; and

2. The disposition of the complaint if known, including referral for prosecution, institutional disciplinary proceedings, or investigation by another state agency. The disposition shall include a reference to an investigation or incident report number.

(b)All entries in the campus crime log shall be made available for public inspection within twenty-four (24) hours after the first report of an incident was made to any campus security authority or local law enforcement officials.

1. If there is clear and convincing evidence that the release of the information would cause a suspect to flee or evade detection, would result in the destruction of

evidence, or is prohibited from release by law, the information may be withheld until that damage is no longer likely to occur from the release of the information. Only the information that is absolutely necessary to withhold for the reasons stated in this paragraph may be withheld; all other information shall be released.

2. In the event information is withheld under the provisions of paragraph (a) of this subsection, the crime shall still be reported and made available for public inspection.

(c)The campus crime log required by this section shall be readily accessible and open for public inspection at all times and shall be made available on campus computer networks to which students, employees, and other campus community members have access. Each semester the institution shall notify currently enrolled students, students applying to the institution, and employees of the availability of the campus crime log, where it can be accessed, and the exact electronic address on the computer network.

(2)Special reports: In addition to the campus crime log, each postsecondary education institution shall make timely reports to the campus community on crimes reported to campus security authorities or local law enforcement authorities determined by those authorities to present a safety or security threat to students or employees.

(a)The reports shall be made available to students and employees within twenty- four (24) hours after an incident is first reported.

(b)The information shall be reported in a manner that will aid in the prevention of similar occurrences.

(c)Institutions shall use computer networks and post the reports in each residential facility. The institution may also use flyers and other campus publications including newspapers, and other media.

(d)Each institution shall adopt a policy to comply with this requirement and the policy shall be included in the postsecondary education institution's annual campus safety and security report published in compliance with KRS 164.9485.HISTORY: (Enact. Acts 2000, ch. 190, § 2, effective July 14, 2000.)

164.9483. Jurisdiction and powers of state fire marshal -- Duty of campus security authorities to report fire or threat of fire to fire marshal.(1)Under the provisions of KRS Chapter 227, the state fire marshal shall have jurisdiction over all property in the state including property of public postsecondary education institutions and property of any private college or university that is licensed by the Council on Postsecondary Education as provided for by KRS 164.945 to 164.947, insofar as it is necessary for the administration and enforcement of any duty imposed on the office by law or administrative regulation and all laws, ordinances, regulations, and orders designed to protect the public from fire loss.

(2)The state fire marshal or the fire marshal's employee or appointee may, without delay or advance notice and at all reasonable hours of the day or night, enter in or upon any property defined under KRS 227.200 located on the campus to make an inspection, investigation, or any other action necessary for the purpose of preventing fire loss or determining the origin of any fire.

(3)No person shall obstruct, hinder, or delay such an officer in the performance of his or her duty.

(4)Upon learning of a fire or threat of fire, a campus security authority designated by the college or university president to be responsible and liable for reporting shall immediately report each fire or threat of fire to the state fire marshal's office in Frankfort and the local deputies, assistants, and employees appointed under KRS227.230. No fire scene located on a campus shall be cleared or cleaned without the express consent of the state fire marshal to do so after a representative of the fire marshal's office has had an opportunity to

investigate the scene.

HISTORY: (Enact. Acts 2000, ch. 190, § 3, effective July 14, 2000; 2002, ch. 166, § 3,effective July 15, 2002.)

164.9485. Duty of postsecondary institution to submit statement of policies concerning campus safety and security.Effective September 1, 2000, and each year thereafter, each postsecondary education institution shall submit to the Council on Postsecondary Education a statement of current policies concerning campus safety and security including, but not limited to:

(1)The enforcement authority of security personnel, including their working relationship with state and local police agencies;

(2)A description of programs designed to inform students and employees about the campus safety and security procedures and practices, how to report crimes, and how to prevent crimes; and

(3)Statistics concerning the occurrence of crimes on campus during the most recent calendar year. The statistical data shall be reported by the number of occurrences based on:

(a)Location, broken down in the following classifications:

1. Total number on campus:

a. Subtotal of occurrences indicating specifically those in dormitories or other residential facilities;

b. Subtotal of occurrences indicating specifically those in or on noncampus buildings or property; and

2. On public property contiguous to the campus.

(b)Category of crime committed:

1. As defined in KRS 164.948; and

2. By category of prejudice, any crime reported to local police agencies or to a campus security authority, that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.HISTORY: (Enact. Acts 2000, ch. 190, § 4, effective July 14, 2000.)

164.9487. Duty of postsecondary institution to obtain statistics and crime reports -- Limitation of liability -- Reporting formats.(1)In complying with the statistical and reporting requirements mandated in KRS 164.948 to 164.9489 and KRS 164.993, an institution shall make a reasonable, good- faith effort to obtain statistics and crime reports from outside agencies. An institution that makes such an effort is not responsible for an outside agency's failure to provide statistics or crime reports or for verifying the accuracy of the statistics or reports that are provided.

(2)The Council on Postsecondary Education shall specify formats for reporting to ensure uniformity.HISTORY: (Enact. Acts 2000, ch. 190, § 5, effective July 14, 2000.)

164.9489. Short title for KRS 164.948 to 164.9489 and KRS 164.993.KRS 164.948 to 164.9489 and KRS 164.993 may be cited as the Michael Minger Act. HISTORY: (Enact. Acts 2000, ch. 190, § 7, effective July 14, 2000.)

164.9490. Michael Minger/Priddy fire prevention fund.

Civil fines collected by the state fire marshal pursuant to KRS 164.993 shall be paid into the State Treasury and credited to a trust and agency fund known as the "Michael Minger/Priddy fire prevention fund." The funds shall be used by the fire marshal to educate students and personnel of postsecondary education institutions regarding the dangers of fire and methods of fire prevention, and to investigate the source of any fires or threats of fire that take place on the campus of a postsecondary education institution. No portion of this fund shall lapse into the general fund at the end of the year.HISTORY: (Enact. Acts 2002, ch. 166, § 1, effective July 15, 2002.)

164.9492. Duty of public or private postsecondary institution to disclose existence or nonexistence of automatic fire suppression system in on-campus housing facility -- Exemption.(1)Any public or private institution of postsecondary education which operates or acts as agent for an on-campus housing facility within the Commonwealth shall disclose to any potential lessee as to whether the on-campus housing facility is or is not equipped with an automatic fire suppression system.

(2)Except as provided in subsection (4) of this section, a two (2) part written disclosure statement separate from other rental documents, with typeface of no less than fourteen (14) points, shall be signed by both parties acknowledging that disclosure of the presence or lack of an automatic fire suppression system has been made.

(3)The potential lessee shall be given a copy of the disclosure form and a copy shall be retained by the lessor for the duration of the rental agreement. At the end of each calendar year, institutions of postsecondary education shall make available, upon request from the state fire marshal or any local fire official, a copy of the disclosure form and an affidavit certifying that disclosure as to whether or not the premises were equipped with an automatic fire suppression system were provided as part of any rental agreement.

(4)If the institution has an automatic fire suppression system in place and properly functioning at every on-campus housing facility under the control of the institution, the institution shall be exempt from this section.HISTORY: (Enact. Acts 2004, ch. 110, § 1, effective July 13, 2004.)

NOTES:Legislative Research Commission Note.(7/13/2004). Although 2004 Ky. Acts ch. 110, sec. 1, indicated that this section was to be created as a new section of KRS 383.010 to 383.285, the statute has been codified in KRS Chapter 164 due to the subject matter of the section and in accordance with KRS 7.136(1)(a).

164.9495. Disabled student given priority for first-floor housing -- On-campus or off-campus alternative -- Notification to safety and emergency personnel.

(1)A postsecondary education institution as defined in KRS 164.948 shall provide priority for first-floor housing to any student who informs the institution of a disability, or a sensory, cognitive, or neurological deficit or impairment, or a learning disorder, minimal brain dysfunction, dyslexia, pervasive developmental disorder, autism, or Asperger syndrome. As used in this section, "disability" has the same meaning as in KRS 344.010.

(2)If the postsecondary education institution does not have available first-floor housing for a student as provided under subsection (1) of this section, the postsecondary education institution shall allow the student to seek alternative on- campus or off-campus housing. The postsecondary education institution shall maintain a record of any on-campus housing assignment for that student and shall alert appropriate safety and emergency personnel of the location of the student.HISTORY: (Enact. Acts 2004, ch. 119, § 3, effective July 13, 2004.)

164.993. Penalties for violation of KRS 164.9481 or 164.9483.

(1)Any person, including campus personnel, who knowingly violates the provisions of KRS 164.9481 and 164.9483, or who knowingly induces another, directly or indirectly, to violate the provisions of those sections, shall be fined not less than five hundred dollars ($500), nor more than one thousand five hundred dollars ($1,500), or imprisoned in the county jail for up to thirty (30) days, or both.

(2)In addition to the penalties required in subsection (1) of this section, any person, or any postsecondary education institution who violates the provisions of KRS 164.9483 shall be liable for a civil penalty of not less than one thousand dollars ($1,000) nor more than two thousand dollars ($2,000) per violation for each day the violation occurs or remains in effect. The state fire marshal shall have the authority, after investigation, to assess and collect the fines. Any person or postsecondary education institution aggrieved by an assessment of a civil fine may appeal to the Franklin Circuit Court.HISTORY: (Enact. Acts 2000, ch. 190, § 6, effective July 14, 2000; 2002, ch. 166, § 4,effective July 15, 2002.)

October 11, 2010

Chief Guy HowieHopkinsville Police Department 112 West First Street Hopkinsville, KY 42240

Dear Chief Howie:

I would like to request crime statistics for the locations described below for the 2011 calendar year. Pursuant to the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime statistics Act (“Clery Act”), Hopkinsville Community College is required to annually compile and publish crime statistics. This annual report must include statistics of specified crimes reported to local police agencies that occurred on or near campus and on Community College controlled or affiliated property. The criminal offenses that the campus is required to report are the following offenses as defined by the FBI Uniform Crime Report (sex offenses are defined using the UCR-National Incident-Based Reporting System): ,murder/negligent manslaughter; negligent manslaughter; forcible sex offenses; nonforcible sex offenses; robbery; aggravated assault; burglary; motor vehicle theft; and arson. In addition, I need statistics concerning any of the above crimes that manifest evidence of a hate crime, in addition to other crimes that involve bodily injury that also manifest evidence that the victim was intentionally selected because of the victim’s race, gender, religion, sexual orientation, ethnicity/national origin or disability.

Hopkinsville Community College is also required to request statistics for arrests for these categories only: liquor law violations, drug law violations, and illegal weapons possession. Please provide these statistics for each category separately.

Pursuant to the Clery Act, the campus is required to report these crimes separately for a number of geographic locations. These locations include the main campus, on-campus student residential facilities, off campus buildings or property that is owned or controlled by the University, or a recognized student organization such as a fraternity, and public property immediately adjacent to the main campus.

Therefore, I respectfully request the required statistics for the following locations: Soldered

Main Campus of Hopkinsville Community College; 720 North Drive Off Campus Properties Other off campus properties (Cadiz, Murray Bldg) Public property within or immediately adjacent to and accessible from the campus (CCHS or apts

on Elm St.)

I have enclosed a “Crime Statistic Report Form” and “Sexual Offense Statistic Report Form” that are provided to campus officials required to comply with the same statistical reporting obligations we are requesting of you. I hope these forms further clarify the information that I am requesting of you.

I very much appreciate your cooperation in assisting us in complying with this federal law. If you have any questions or wish to further discuss this request, please contact me at 270-707-3795.

Sincerely,

Paul Hatchett Safety Officer

HHC Case 2010-000012

TIMELY NOTIFICATION BULLETINPossible Threat to the Community

“Your Right to Know”October 12, 2010

In compliance with the “Timely Notice” provisions of the federal Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998 the Campus’ Security Department staff are giving notice of a disturbing act of violence reported to have occurred near the Auditorium Building, outside in the Purple Cat Café area, on the campus of Hopkinsville Community College.

REPORTED OFFENSE :

SUSPECTS:

COMPLAINANT REPORT :

It can be assumed that conditions continue to exist that may pose a threat to members and guests of the community. It is the duty of the institution to warn of possible “dangerous conditions” on or near its campus, and at affiliate organizations off campus; an “affirmative duty” exists to warn persons associated with this university of possible peril at the hands of some third party or parties. Consider carefully whether your presence at or near this complex while unaccompanied could place you in danger.

Please forward this notice to your colleagues and post it on appropriate bulletin boards in your area. If you have any information that might be helpful in this investigation, contact the Security Department by telephone at (270) 707-3795; in person at the Academic Building, office B13; or, if you wish, anonymously through email at [email protected].

Documents

OCTOBER 2010 - hopkinsville.kctcs.edu · Web viewAny person, including campus personnel, who knowingly violates the provisions of KRS 164.9481 and 164.9483, or who knowingly induces