UPPS No. 01.04.05
Issue No. 7
Effective Date: 1/02/2017
Next Review Date: 1/01/2019 (E2Y)
Sr. Reviewer: Director, University Police Department
The federal Violence Against Women Reauthorization Act of 2013 (VAWA) provides definitions for the VAWA crimes of dating violence, domestic violence, sexual assault, and stalking. The U.S. Department of Education requires that institutions of higher education provide the state crime definitions for each of these offenses for educational and awareness purposes:
Sex Offenses – include sexual misconduct, sexual assault, dating violence, domestic violence, and stalking as referenced in the Jeanne Clery Act as amended by the Violence Against Women Reauthorization Act of 2013.
Sexual Misconduct – refers to physical sex.
Sexual Assault – any form of non-consensual sexual activity representing a continuum of conduct from forcible rape to non-physical forms of pressure designed to compel individuals to engage in sexual activity against their will (Texas Penal Code, Section 22.011).
Dating Violence – violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined by the victim with consideration of the following factors:
the length of the relationship;
the type of relationship; and
the frequency of interaction between the persons involved in the relationship (Texas Family Code, Section 71.0021).
Family (Domestic) Violence – includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner or roommate, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the state of Texas, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the state of Texas (Texas Family Code, Section 71.004).
Stalking – engaging in a course of conduct directed towards a specific person that would cause a reasonable person to:
fear for his or her safety or the safety of others; or
suffer substantial emotional distress (Texas Penal Code, Section 42.072).
For more information regarding the above definitions, see the Sexual Misconduct Policy on the Office of Equity and Access website.
Murder and Non-negligent Manslaughter – the willful (non-negligent) killing of one human being by another.
Manslaughter by Negligence – the killing of another person through gross negligence.
Sexual Assault (Sex Offenses):
Rape – the penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.
Fondling – the touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his or her age or because of his or her temporary or permanent mental incapacity.
Incest – sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
Statutory Rape – sexual intercourse with a person who is under the statutory age of consent.
Robbery – the taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and by putting the victim in fear.
Aggravated Assault – an unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Burglary – the unlawful entry of a structure to commit a felony or a theft.
Motor Vehicle Theft – the theft or attempted theft of a motor vehicle.
Arson – any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
Hate Crime – a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
Race – a preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.
Religion – a preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
Sexual Orientation – a preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual orientation is the term for a person’s physical, romantic, and emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
Gender – a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
Gender Identity – a preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
Ethnicity – a preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) or ideology that stresses common ancestry.
National Origin – a preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
Disability – a preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
Clery Act Geography:
On-campus – As defined by on-campus definition citation 34 CFR 668.46(a), Department of Education’s Handbook for Campus Safety and Security Reporting 2016, page 2-1: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property that is within or reasonably contiguous, that is owned by the institution but controlled by another person, is frequently used by students, and support institutional purposes.
Public Property – All property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.
Non campus – Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
THE STUDENT RIGHT-TO-KNOW ACT
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.
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.
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.
The Athletics department, 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.
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.
The report will contain each category of this information, which must be broken down by race and gender.
In addition to filing a report with the Department of Education, the university must provide the report to any potential student, his or her parents, guidance counselor, and coach when the university offers the student athletically-related student aid.
The Athletics department, with the assistance of the Office of Institutional Research, 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.
THE CRIME AWARENESS AND CAMPUS SECURITY ACT OF 1990
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) submit a copy of the annual report to the Secretary of Education, upon request; and (7) compile fire statistic reporting.
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:
includes procedures for officially notifying appropriate university personnel that a student has been missing for more than 24 hours;
requires immediate referral of an official missing person report relating to a student to UPD (see University Notification Procedures); and
if, after investigating the official report, UPD determines that the student has been missing for more than 24 hours, requires UPD to:
contact the individual identified by the student as their confidential contact; and
immediately contact the custodial parent or legal guardian of an unemancipated student under 18 years of age.
In addition, the director of UPD shall provide the University Notification Procedures and information to students who reside in on-campus housing that:
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;
provides each student a means to register confidential contact information if the student is determined missing for more than 24 hours;
advises each unemancipated student under 18 years of age that the university is required to notify a custodial parent or guardian not later than 24 hours after the time the student is determined missing;
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
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.
Crime Statistics and Security Policies – The director of UPD will collect the information specified in the Act relating to crimes reported on campus.
Daily Crime and Fire Log – Institutions that have a campus police or security department must create, maintain and make available a daily crime log. Crimes are reported for Clery Act geography and those crimes that occurred within the patrol jurisdiction of campus are included in the crime log. The following are elements of the crime log:
The date the crime was reported;
The date and time the crime occurred;
The nature of the crime;
The general location of the crime; and
The disposition of the complaint, if known.
Timely Reports to the Campus Community – The director of UPD, or designee, will write and distribute timely warning notices for reports of murders, manslaughter, sexual assaults, robberies, aggravated assaults, burglaries, motor vehicle thefts, arsons, and hate crimes that represent a continuing threat to the university community and that have been reported to UPD. Once the timely warning is approved by the director of UPD, or his or her designee, the warning will be disseminated as indicated in Section 04.05 b. The timely warning will also be sent to the director of University News Service for their review and dissemination.
UPD and the director of University News Service will disseminate this information in a manner that will aid in the prevention of similar occurrences.
Examples of forms of dissemination include press releases to campus and local newspapers, radio, television, text alert, electronic mail, sign board, campus-wide phone alert, Thor Guard, university website and other media such as Twitter and Facebook; not every crime will require notice in all these forms. These examples are listed as suggestions in appropriate cases.
Annual Security Report
Preparation – Each year the director of UPD and other departments to include Dean of Students, Human Resources, Undergraduate Admissions, Graduate College, Student Health Center, Housing and Residential Life, and the director of University News Service will assist in the publication and distribution of an annual security report, in a manner prescribed by law. These officials will publish the report (Campus Watch) by October 1 each year. It may be viewed on Texas State’s UPD website or on Texas State’s home page under “Campus Security Act.”
Distribution – The Annual Security Report will be distributed by October 1 to all currently enrolled students and employees. The director of Undergraduate Admissions and the assistant vice president for Human Resources will provide copies of the annual report to any applicant for enrollment or employment, upon request.
Contents – The Annual Security Report will contain the following:
Reporting Crimes and Emergencies – a statement of current policies regarding procedures for reporting crimes and emergencies and the institution’s response to such reports;
Security and Access to Facilities – a statement of current policies concerning security of and access to campus facilities;
Law Enforcement – a statement of current policies concerning campus law enforcement, including authority of security personnel and policies encouraging reporting of crime;
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;
Crime Prevention – a description of programs about crime prevention;
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:
sex offenses, as defined in Section 02.01, both forcible and non-forcible;
motor vehicle theft; and
unduplicated counts of any of the above crimes that involve prejudice based on race, religion, sexual orientation, or ethnicity;
Non Campus Crime – a statement of policy on monitoring and recording off-campus crime through local police agencies;
Drug, Alcohol, and Weapons Violations – statistics for the past calendar year on arrests for drug, alcohol, and weapons violations;
Alcohol – a statement of policy on the possession, use, and sale of alcohol;
Illegal Drugs – a statement of policy on the possession, use, and sale of illegal drugs;
Substance Abuse Education – a description of drug or alcohol abuse education programs; and
Sex Offenses – a statement of policy regarding programs to prevent sex offenses, and procedures to follow when a sex offense occurs, including:
Educational Programs – 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;
Procedures – procedures students should follow if a sex offense occurs;
Notification – information on notifying proper law enforcement authorities, including assurance that university personnel will assist the student if requested;
Counseling – information on existing counseling and other services available to victims;
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;
Discipline – procedures for campus disciplinary actions; and
Sanctions – sanctions that may be imposed by a campus disciplinary proceeding.
Additional information regarding Sexual Misconduct may be found on the Office of Equity and Access website.
Fire Statistic Reporting – The university is required to prepare an annual fire safety report on student housing and forward this report to the secretary of Education. The Environmental Health, Safety and Risk Management office 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:
statistics for each on-campus student housing facility during the previous calendar year concerning:
the number of fires and the cause of each fire;
the number of injuries related to a fire that result in treatment at a medical facility;
the number of deaths related to a fire; and
the value of property damage caused by a fire;
a description of each on-campus student housing facility fire safety system, including the fire sprinkler system;
the number of regular mandatory supervised fire drills;
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;
plans for future improvements in fire safety, if determined necessary by such institution; and
an annual log maintained and kept by the Environmental Health, Safety and Risk Management office recording all fires in on-campus student housing facilities, detailing the nature, date, time, and general location of each fire.
REVIEWERS OF THIS UPPS
Reviewers of this UPPS include the following:
|Director, University Police Department||January 1 E2Y|
|Support Services Supervisor, University Police Department||January 1 E2Y|
|Associate Vice President and Dean of Students||January 1 E2Y|
|Director, Environmental Health, Safety and Risk Management||January 1 E2Y|
|Director, Athletics||January 1 E2Y|
|Director, Housing and Residential Life||January 1 E2Y|
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