16.12 – Clery Act Compliance

PART 1: PURPOSE

This rule provides guidance for the NMSU Campuses relating to the requirements of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) of 1990, as amended (20 U.S.C. §1092 (f) and 34 C.F.R. 668.46).

This rule also authorizes the creation of the Clery Act Compliance Advisory Committee as a University Board (https://rpm.nmsu.edu/2-30/), to be constituted by the president, consisting of representatives from each campus, whose day-to-day operations are guided by Clery Act compliance obligations.  The advisory committee will facilitate the exchange of information and provide support to all campuses required to file an Annual Security Report.  It will also examine current Clery Act best practices and make recommendations to enhance inter-campus and intra-campus communication and coordination pertaining to compliance with the Clery Act.

PART 2: DEFINITIONS

1. Campus: A building(s) or property owned or controlled by NMSU, reasonably contiguous to one another, which directly support or relate to NMSU’s educational purposes.
2. Campus Security Authority (CSA): A specific term used in the Clery Act generally encompassing the following:  1) Police and security personnel; 2) others who are responsible for campus security but are not police or security personnel; 3) individuals to whom NMSU directs students and employees to report crimes; and 4) officials with significant responsibility for student and campus activities. See Part 7 below.
3. Clery Crime: Clery Crimes or “crimes” include four general categories of crime statistics:
   1. Criminal Offenses (primary crimes): criminal homicide including murder and non-negligent manslaughter; manslaughter by negligence; sexual assault (sex offenses) including: rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; and arson.
   2. VAWA Offenses: Any incidents of domestic violence, dating violence and stalking (Note: sexual assault is also a VAWA Offense but is included in the Criminal Offenses category for Clery Act reporting purposes).
   3. Arrests and Referrals for Disciplinary Action for: carrying/possessing weapons or other violation of state law; drug abuse violations and liquor law violations.
   4. Hate Crimes: Any of the above-mentioned offenses, as well as incidents of larceny, theft, simple assault, intimidation, or destruction/damage/vandalism of property that were motivated by bias.
4. Clery Geography: The geographical areas for which each NMSU campus must log and report crime statistics: 1) on its campus; 2) on public property within, or immediately adjacent to, the campus; and 3) in non-campus buildings or on non-NMSU property owned or controlled by NMSU.
5. Emergency Notification: A warning given, triggered by any event currently occurring or that imminently threatens the health or safety of students and employees, including significant emergencies and dangerous situations.
6. Timely Warning: A warning given, triggered by a Clery Crime reported (to a Campus Security Authority or to law enforcement) to have occurred within the campus’ Clery Geography, which NMSU considers to represent a serious or ongoing threat to students or employees.

PART 3:  SAFETY EDUCATION

1. Safety Education of Students: The offices of the Dean of Students, Institutional Equity and the NMSU Police Department will coordinate with the Chancellor – NMSU System Community College and their respective departments to institute safety education programs for students as follows:
   1. Incoming Students: Incoming students will be provided information about dating violence, domestic violence, sexual assault, and stalking, to include bystander intervention tips.
   2. All Continuing Students: Safety programs and information will be made available to students on an ongoing basis.
2. Safety Education of New Employees: Human Resource Services is responsible to provide new employees with information about safety programs, how to report emergencies, how to report crimes (including reporting domestic violence, dating violence, sexual assault, and stalking to the Title IX Coordinator), and the university’s emergency notification system.

PART 4: UNLAWFUL POSSESSION, USE OR DISTRIBUTION OF ALCOHOL

NMSU strictly prohibits the unlawful possession, use, or distribution of alcohol.  (ARP 5.22 B.; ARP 16.60 Parts 3-5) The NMSU Police Department enforces state liquor laws and criminal law violations, and the offices of Dean of Students and Human Resource Services, respectively, enforce policy violations relating to alcohol by students and employees.

PART 5:  POSSESSION, USE OR DISTRIBUTION OF ILLICIT DRUGS

NMSU strictly prohibits the unlawful possession, use, or distribution of illicit drugs. (ARP 16.65)  The NMSU Police Department or local police jurisdiction enforces state criminal laws, and coordinates with other agencies for the enforcement of federal laws to prevent and address the possession, use and distribution of illicit drugs on university property.  The offices of the Dean of Students and Human Resource Services, respectively, enforce policy violations regarding illicit drugs by students and employees.

PART 6: AUTHORITY TO INSTITUTE DEPARTMENTAL SECURITY PRACTICES

1. Security of Housing Facilities: NMSU Housing and Residential Life is responsible for and authorized to institute security policies and procedures for its department.
2. Security of Other Campus Facilities: Facilities and Services, and the equivalent at the community colleges, is responsible to institute security policies and procedures for their respective departments, to include access control and coordinating locking/unlocking schedules, for all non-residential facilities.  The Physical Science Laboratory and the NMSU Police Department are exceptions to this, because they maintain independent security protocols due to external regulatory requirements.  Facilities and Services is also responsible for, and authorized to, establish security practices for facility maintenance and construction.

PART 7: DESIGNATION AND DUTIES OF CAMPUS SECURITY AUTHORITIES

1. Campus Security Authority (CSA) Designation: The following NMSU employees or contractors serving in the positions listed below are hereby designated as Campus Security Authorities (CSA’s):
   1. Police Officers
   2. Emergency Dispatchers
   3. Security Officers and others assigned to monitor or control access to NMSU property
   4. Victim Advocates
   5. Housing & Residence Life staff
   6. Dean of Students staff
   7. Director of Campus Activities
   8. Coordinator of Fraternity and Sorority Life
   9. Advisors to student organizations
   10. Title IX Coordinator and OIE staff
   11. Director of Athletics
   12. Athletic Department coaches (including assistants and graduate assistants)
   13. Director of the Aggie Health Center
   14. Chief Audit Officer
   15. Other individuals who have responsibility for campus security or significant authority for students or campus activities will be designated as a CSA (e.g. faculty for FLiP’s).
2. CSA Duties: CSA designated personnel must report allegations or information relating to a Clery Crime that other individuals report to them, as well as any other emergency situation, to the NMSU Police Department.  Individuals with CSA duties are not by virtue of their CSA role authorized to investigate or apprehend an alleged perpetrator, nor to persuade the alleged victim to file a police report.
3. CSA Training:
   1. The Clery Act Compliance Advisory Committee will review and provide feedback regarding any Clery training proposed for the various constituents of the university community.
   2. The NMSU Police Department in collaboration with the Title IX Coordinator, will facilitate training for CSA personnel, to assist them in understanding which crimes require reporting for purposes of Clery Act compliance and how to perform their CSA responsibilities.
   3. Maintenance and storage of CSA training records will be coordinated between the NMSU Police Department and Human Resource Services-Center for Learning and Professional Development.

PART 8:  REPORTING OF CRIMES AND EMERGENCIES

Students, faculty, staff, and guests are encouraged to assist anyone experiencing an emergency or victim of a crime that they may encounter, and to report promptly any emergencies or crimes they witness or experience, as follows:

1. All Emergencies (police, fire, medical):  To report an emergency, community members should call 911.  NMSU maintains a full public safety answering point (PSAP, or 911 Emergency Dispatch Center) that works in conjunction with others in the area to appropriately route calls and send emergency assistance.
2. Emergency Notifications and Timely Warnings: Any person who thinks an emergency notification or timely warning is needed should immediately contact the NMSU Police Department (either 911 or (575) 646-3311).
3. All Crimes: All suspected or witnessed crimes on the Las Cruces campus should be reported to the NMSU Police Department  (Emergencies – 911; Non-emergencies – 646-3311)
4. Domestic Violence, Dating Violence, Sexual Assault, and Stalking: Even if a victim chooses not to report this type of crime to the NMSU Police Department or local law enforcement agency with jurisdiction, these crimes must be reported by the CSA’s and responsible employees to the university’s Title IX Coordinator, pursuant to ARP 3.25 or be reported in accordance with 16.78.

PART 9: TIMELY WARNINGS AND OTHER EMERGENCY NOTIFICATIONS

1. NMSU broadcasts Timely Warning and Emergency Notifications and periodic updates using various media. Timely Warnings are sent to the student or employee’s official NMSU email account, and Emergency Notifications are sent to students and employees using various media, based on the receipt options selected, and are also sent to other individuals they may opt to also receive the Emergency Notifications.  (mynmsu.edu and ARP 16.11 – Emergency Notification System)
2. When feasible, the NMSU Police Department will collaborate with other involved departments (e.g. OIE) to evaluate the facts and context necessary to determine the need, if any, to issue a Timely Warning or other Emergency Notification for the protection of the university community, consistent with the department’s operational guidance developed with the concurrence of the Clery Act Compliance Advisory Committee.

PART 10:  EVACUATION OF FACILITIES

In an emergency, the incident commander (ARP 16.01; ARP 16.10) will order the evacuation of any facility deemed appropriate in order to protect life.  NMSU faculty, staff, and students are expected to evacuate facilities as indicated by building alarms, subject to pursuit of a reasonably prudent alternative necessary to protect themselves in the face of more imminent danger.

PART 11:  MONITORING OFF CAMPUS CRIMINAL ACTIVITY

1. NMSU does not routinely monitor criminal activity or law enforcement actions taking place outside NMSU Clery Geography. Individuals interested in finding out about off campus crime should contact the appropriate law enforcement agency with jurisdiction.
2. Once each year, the NMSU Police Department will request law enforcement statistics for Clery Crimes from those outside law enforcement agencies/departments with jurisdiction over some or all of the university’s Clery Geography, including but not limited to off campus properties owned or controlled by chartered student organization. The statistics provided by these outside law enforcement agencies/departments will be included in appropriate campus’ Annual Security Report.

PART 12: CLERY MONITORING, CRIME LOG, AND ANNUAL SECURITY REPORT

1. Monitoring for Clery Compliance: On behalf of NMSU, the Police Department monitors the NMSU system entities for compliance with the Clery Act and related university policies.  Policy infractions or inconsistencies in reporting will result in required training.  Lack of cooperation, and repeated or flagrant violations, will be reported to the relevant Chancellor – NMSU System Community College, for internal investigation in conjunction with Human Resource Services – Employee and Labor Relations, and may subject the responsible official to disciplinary corrective action.
2. Maintenance of Crime Log and Clery Crime Statistics:
   1. The NMSU Police Department, and each community college with a designated security officer will maintain a public log of all criminal incidents and alleged criminal incidents reported to them.
      1. The log will include the nature, date, time and general location of each crime and disposition of the complainant (within the past 60 days), if known.
      2. Information must be readily available within two business days from date of request.
      3. Crime logs must be maintained for seven years, and for at least three years following the publication of the most recent amendment of any annual security report. (Historical daily crime logs can be viewed online at https://www.nmsupolice.com/crime-statistics/.)
   2. The NMSU officials responsible for submitting Annual Security Reports (NMSU Police Department and community college security official(s)) will also maintain Clery Crime statistics consistent with the Clery Act and corresponding regulations.
      1. These officials are encouraged to coordinate with Facilities and Services to identify the buildings and properties within each of these categories to assist with proper reporting.
      2. Crimes occurring outside of the campus’ Clery Geography are not to be included in the Clery Act statistics, even if students or employees are involved.
3. Issuance of Annual Security Report:
   1. By October 1 of each year, the NMSU Police Department will publish and distribute to current and prospective students and employees an Annual Security Report for the [contiguous] Las Cruces and DACC Espina Campuses (joint report), and a separate Annual Security Report for the Albuquerque Center campus.
   2. The presidents of the other NMSU campuses will ensure that their campus’ Annual Security Report is published and distributed for their campus by October 1 of each year.
   3. Each Annual Security Report will provide Clery Crime statistics for the prior three years, policy statements about safety and security measures, and procedures applicable to the investigation and prosecution of alleged sex offenses.
   4. Notice of each NMSU Annual Security Report will be sent timely, with a URL posted for electronic access, with instructions for obtaining a paper copy, if desired.