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1203

1203.1 ADDITIONAL REQUIREMENTS

The Sheriff, Undersheriff, or the authorized designee will also (Education Code § 67386):

  • Assist the institution with the development of policies and procedures relating to sexual assault, domestic violence, dating violence, and stalking involving a student whether it occurred on- or off-campus including:
  1. The differences between standards of proof and defenses in criminal investigations and administrative or disciplinary matters.
  2. Victim-centered protocols including privacy protection, responses to reports, interviews, investigations, required notifications, and participation by victim advocates and other supporting individuals.
  • Assist, as appropriate, with trauma-informed training for campus personnel involved in investigating and adjudicating sexual assault, domestic violence, dating violence, and stalking cases.
  • Assist, as appropriate, in the development of the institution's comprehensive prevention and outreach programs addressing sexual violence, domestic violence, dating violence, and stalking.
  • Ensure that any reported Part 1 violent crime, sexual assault, or hate crime described in Penal Code § 422.55 (whether it occurred on- or off-campus), is reported as soon as practicable to any local law enforcement agency with investigation responsibilities pursuant to a written agreement with the Hartwell County Sheriff’s Department or the institution (Education Code § 67380).
  1. The identification of the victim shall be withheld, unless the victim consents to being identified after being informed of the right to have their personally identifying information withheld. If the victim does not consent to being identified, then the alleged assailant shall not be identified unless the institution determines that the alleged assailant represents a serious or ongoing threat to the safety of the students, employees, or the institution, and the immediate assistance of the Hartwell County Sheriff’s Department is necessary to contact or detain the assailant (Education Code § 67380).
  2. If the institution discloses the identity of the alleged assailant to the Hartwell County Sheriff’s Department, the institution must immediately inform the victim of that disclosure (Education Code § 67380).
  • Ensure the victim receives the following information:
  1. Options on rights to obtain a sexual assault forensic medical examination including the right to be accompanied to the examination by a certified sexual assault counselor and/or support person of the victim's choosing
  2. How to access transportation to an examination site, including transportation options provided or arranged by the campus

1203.4 RECORDS COLLECTION AND RETENTION

The Records Manager is responsible for maintaining Hartwell County Sheriff’s Department statistics and making reasonable good-faith efforts to obtain statistics from other law enforcement agencies as necessary to allow the institution to comply with its reporting requirements under the Clery Act (20 USC § 1092(f)(1)(F)). The statistics shall be compiled as follows:

  • Statistics concerning the occurrence of the following criminal offenses reported to this office or to local police agencies that occurred on campus, in or on non-campus buildings or property, and on public property including streets, sidewalks, and parking facilities within the campus or immediately adjacent to and accessible from the campus (20 USC § 1092(f)(1)(F)(i); 34 CFR 668.46(c)):
  1. Murder
  2. Sex offenses, forcible or non-forcible
  3. Robbery
  4. Aggravated assault
  5. Burglary
  6. Motor vehicle theft
  7. Manslaughter
  8. Arson
  9. Arrests or persons referred for campus disciplinary action for liquor law violations, drug-related violations, and weapons possession
  10. Dating violence, domestic violence, and stalking
  11. Hazing
  • Statistics concerning the crimes described in the section above, theft, simple assault, intimidation, destruction, damage, or vandalism of property, and other crimes involving bodily injury to any person where the victim was intentionally selected because of their actual or perceived race, sex, religion, gender, gender identity, sexual orientation, ethnicity, or disability. These statistics should be collected and reported according to the category of prejudice (20 USC § 1092(f)(1)(F)(ii); 34 CFR 668.46(c)).
  1. The statistics shall be compiled using the definitions in the FBI's Uniform Crime Reporting (UCR) system and modifications made pursuant to the Hate Crime Statistics Act (20 USC § 1092(f)(7); 34 CFR 668.46(c)(9)). For the offenses of domestic violence, dating violence, and stalking, such statistics shall be compiled in accordance with the definitions used in the Violence Against Women Act (20 USC § 1092(f)(7); 34 USC § 12291; 34 CFR 668.46(a)). The statistics will be categorized separately as offenses that occur (20 USC § 1092(f)(13); 34 CFR 668.46(c)(5)):
  • On campus.
  • In or on a non-campus building or property.
  • On public property.
  • In dormitories or other on-campus residential or student facilities.
  • Statistics will be included by the calendar year in which the crime was reported to the Hartwell County Sheriff’s Department (34 CFR 668.46(c)(3)).
  • Stalking offenses will include a statistic for each year in which the stalking conduct is reported and will be recorded as occurring either at the first location in which the stalking occurred or the location where the victim became aware of the conduct (34 CFR 668.46(c)(6)).
  • Statistics will include the three most recent calendar years (20 USC § 1092(f)(1)(F); 34 CFR 668.46(c)).
  • The statistics shall not identify victims of crimes or persons accused of crimes (20 USC § 1092(f)(7)).
  • Hazing incident statistics shall be compiled using the definitions in the Stop Campus Hazing Act (20 USC § 1092 (f)(6)(A)(vi)). The statistics shall be compiled for each single incident and as required by 20 USC § 1092(f)(7).

1203.4.1 CRIME LOG

The Records Manager is responsible for ensuring a daily crime log is created and maintained as follows (20 USC § 1092(f)(4); 34 CFR 668.46(f)):

  • The daily crime log will record all crimes reported to the Hartwell County Sheriff’s Department, including the nature, date, time and general location of each crime, and the disposition, if known.
  • All log entries shall be made within two business days of the initial report being made to the Office of The Sheriff.
  • If new information about an entry becomes available, then the new information shall be recorded in the log not later than two business days after the information becomes available to the Sheriff’s Department.
  • The daily crime log for the most recent 60-day period shall be open to the public for inspection at all times during normal business hours. Any portion of the log that is older than 60 days must be made available within two business days of a request for public inspection. Information in the log is not required to be disclosed when:
  1. Disclosure of the information is prohibited by law.
  2. Disclosure would jeopardize the confidentiality of the victim.
  3. There is clear and convincing evidence that the release of such information would jeopardize an ongoing criminal investigation or the safety of an individual, may cause a suspect to flee or evade detection, or could result in the destruction of evidence. In any of these cases, the information may be withheld until that damage is no longer likely to occur from the release of such information.

1204.2 COMPILING RECORDS FOR DISCLOSURE REQUIREMENTS

The Records Manager is also responsible for compiling the following to allow the institution to comply with its disclosure requirements under Education Code § 67380:

  • All occurrences reported to the Hartwell County Sheriff’s Department, School Resource/College Response Bureau and all arrests for crimes that are committed on campus that involve violence, hate violence, theft, destruction of property, illegal drugs, or alcohol intoxication.
  • All occurrences of noncriminal acts of hate violence reported to the Hartwell County Sheriff’s Department for which a written report is prepared.

809.5 INFORMATION DISSEMINATION

It is the responsibility of the Administrative Bureau and the School Resource/College Response Bureau to ensure that the required Clery Act disclosures are properly forwarded to campus administration and community members in accordance with institution procedures. This includes:

  • Procedures for providing emergency notification of crimes or other incidents and evacuations that might represent an imminent threat to the safety of students or employees (20 USC § 1092(f)(3); 34 CFR 668.46(e); 34 CFR 668.46(g)).
  • Procedures for notifying the campus community about crimes considered to be a threat to other students and employees in order to aid in the prevention of similar crimes. Such disseminated information shall withhold the names of victims as confidential (20 USC § 1092(f)(3)).
  • Information necessary for the institution to prepare its annual security report (20 USC § 1092(f)(1); 34 CFR 668.46(b)). This report will include but is not limited to:
  1. Crime statistics and the policies for preparing the crime statistics.
  2. Crime and emergency reporting procedures, including the responses to such reports.
  3. Policies concerning security of and access to campus facilities.
  4. Crime, dating violence, domestic violence, sexual assault, and stalking awareness and prevention programs, including:
  • Procedures victims should follow.
  • Procedures for protecting the confidentiality of victims and other necessary parties.
  1. Policies and incident prevention and awareness programs concerning hazing, including:
  • Procedures for reporting incidents.
  • Procedures for investigating incidents.
  • Information on applicable local, state, and tribal laws on hazing.
  • Primary prevention strategies (e.g., bystander intervention, ethical leadership, building group cohesion without hazing).
  1. Enforcement policies related to alcohol, marijuana, and illegal drugs.
  2. Locations where the campus community can obtain information about registered sex offenders.
  3. Emergency response and evacuation procedures.
  4. Missing student notification procedures.
  5. Information addressing the jurisdiction and authority of The Hartwell County Sheriff’s Department including any working relationships and agreements College personnel and the Sheriff’s Department.
  • Information necessary for the institution to prepare the Campus Hazing Transparency Report (CHTR) (20 USC § 1092(f)(9)).
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