Clery Stats (PDF)

Jeanne Clery Act – 2012 Report

Introduction

The Jeanne Clery Act Disclosure of Campus Security Policy and Campus Statistics Act, codified at 20 USC 1092(f) as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies.  All public and private post secondary educational institutions participating in federal student aid programs are required to comply with it.  The law, originally enacted by Congress in 1990 as the Campus Security Act, was initiated by Howard and Connie Clery after their daughter Jeanne was tragically murdered at Lehigh University in 1986.

 

The Clery Act requires colleges and universities to publish an annual report every year by October 1st that contains three years of crime statistics and certain policy statements including sexual assault policies which assure basic victim’s rights, the law enforcement authority of campus police, and where the students should go to report crimes.  The annual security report for Cuesta College includes statistics concerning reported crimes that occurred on campus, in certain off-campus buildings or property owned or controlled by Cuesta College, and on public property within, or immediately adjacent to and accessible from the campus.  In accordance with mandated reporting requirements, information concerning the monitoring and recording of any criminal activity in which students have engaged, at off campus locations and/or within student organizations that are officially recognized by Cuesta College, are gathered from local police agencies.  These agencies include any City, County, State, or Federal agencies that may have relevant information and the statistics are published in this disclosure.  The Cuesta College Police Department is responsible for providing the gathered statistics and safety information to all students, staff, faculty, visitors and prospective students and employees of the District. Policies centering on alcohol and drug use, crime prevention reporting, sexual assaults and other matters are available from various sources at Cuesta College.

 

Policy for Reporting the Annual Disclosure of Crime Statistics

 

The Cuesta College Police Department compiles this institutional report to comply with the Clery Act.  The full text of this report can be located on our website.  This report is a collaborative and comprehensive effort that includes the cooperation of departments from all divisions within the College, and all employees designated as Campus Security Authorities under the Clery Act.  Each entity is asked to provide crime statistics and/or information on their educational efforts and programs to comply with the Act.

 

Crime statistics are also collected from law enforcement agencies with concurrent law enforcement jurisdiction or jurisdictions surrounding Cuesta College and off-site properties or facilities owned or utilized by Cuesta College.  These law enforcement agencies provide crime statistics they have collected for crimes occurring on campus properties or public property immediately adjacent to Cuesta College campuses and/or facilities.  Cuesta College does not have any on or off campus fraternity or sorority houses.  Student organization recognition does not extend beyond the Cuesta College campuses and student organizations are not recognized to engage in activity off-campus.  Campus emails are sent at the beginning of the Spring, Summer, and Fall Semesters regarding the availability of the report on the Internet, the electronic address to access the report, and a statement on how to obtain a paper copy, if desired. 

 

Law Enforcement Authority

 

The Cuesta College Police Department is a full-service, fully certified police agency within the State of California staffed by sworn police officers and non-sworn staff members.  Officers of the Cuesta College Police Department are California Peace Officers per Penal Code Section 830.32.  The possess the same authority and powers, including the authority to arrest, as do police officers and deputy sheriffs in other areas of the State.  Officers are responsible for reporting and investigating crimes, issuing traffic and parking citations, responding to medical and fire emergencies, handling traffic accidents, and handling other incidents requiring law enforcement assistance.  The Cuesta College Police Department sustains an excellent rapport and relationship with neighboring law enforcement agencies.  Each police officer receives training throughout the year that includes firearms, defensive tactics, first aid/CPR, and legal updates. 

 

By agreement, should a major crime occur on campus that exhausts the resources of the Cuesta College Police Department, the San Luis Obispo Sheriff’s Department shall be asked to provide appropriate assistance.  All other crimes are routinely investigated by the Cuesta College Police Department.

 

Daily Log Requirement

 

The Cuesta College Police Department maintains a Student Right To Know Daily Log that is available for public view.  This log contains a record of all crimes reported to the Department, and provides the nature of the initial complaint, the date and time reported, and the general location of the incident, the disposition of the incident, and finally, the identification number(s) assigned to the incident.  The log is available for review at the Cuesta College Police Department, Building 6600, from 8:30 AM to 5:00 PM, Monday through Friday.

 

“Timely Warning” Crime Alert Bulletins

 

A well-informed community is an integral component in maintaining the safest campuses and facilities possible.  At Cuesta College, the Police Chief and/or designee confers as necessary and applicable with the Superintendent/President or designee, legal counsel, and involved law enforcement agencies after a violent crime or crime listed in the Clery Act is reported to the Cuesta College Police Department.  Depending on the circumstances and facts, a determination must be made as to rather the incident reported represents an on-going or continuing threat to Cuesta College.  Once the Police Chief and/or designee is notified and has conferred as necessary and applicable, and a determination is reached that a continuing threat exists, the Chief of Police and/or designee will arrange to disseminate a “timely warning” crime alert as soon as possible through the Cuesta College utilized ALERTU notification system, the Cuesta College Foundation, and the college-wide e-mail system to ensure all members of the community are likely to have access to the information. 

 

Reporting Crimes and Emergencies

 

Criminal activity and other emergencies that occur on campus should be immediately reported to the Cuesta College Police Department.  Cuesta College police officers respond to all on-campus reports of fire, police or medical emergencies.

 

The Cuesta College Police Department has primary law enforcement jurisdiction for all criminal incidents that occur on campuses and District facilities.  This includes incident investigation, follow-up and resolution.  If you are off-campus and are uncertain of the police jurisdiction you are in, your emergency call will be properly routed by dialing 911.  For non-emergency contact any San Luis Obispo County Police Department and will be referred to the agency with primary jurisdiction regarding your incident.

 

Emergencies On-Campus: For all police, fire, and medical emergencies call Extension 3911 for the San Luis Obispo campus or Extension 4911 for the North County Campus and tell the dispatcher what your emergency is.  Police officers will be dispatched to all crimes in progress and other emergencies along with the appropriate fire and medical personnel.

 

Emergency Call Boxes:  There are 6 emergency call boxes located on the San Luis Obispo campus.  These boxes allow anyone to contact Police Dispatch when ever classes are in session by merely picking up the receiver and pushing a button.  Calls go directly to Police Dispatch.  These call boxes do not provide access to general telephone services.  All emergency call boxes are painted yellow with the word “POLICE” in black lettering across the front and are located in the following locations:

 

            Call Box 1 – In Parking Lot 1A along Romauldo Rd

            Call Box 2 – In Parking Lot 3 adjacent to Building 6100

            Call Box 3 – In front of the Library, Building 3100/3200

            Call Box 4 – Between Buildings 2000 and 4400

            Call Box 5 – Adjacent to the Gym, Building 1400, on Chorro Valley Rd

            Call Box 6 – At 75 Acres,

 

Non-Emergencies On Campus:  The non-emergency, business telephone number to reach the Cuesta College Police Department (and can also be used as an emergency number) is 805-546-3205.  Please understand that the dispatchers must answer all calls and that you may be place on hold if you do not have an emergency.

 

Emergencies On Non-Campus and Off-Campus Facilities:  The non-campus and off-campus emergency telephone number in San Luis Obispo County is “911.”  Use this number for Community-based fire, police, and medical services.  The call is free from any payphones.  When dialing 911 from a cellular phone, you will be connected to the California Highway Patrol Dispatch Center or the closest police department within your location.  Be prepared to provide dispatcher with the city, county, and specific location where the emergency response is needed.

 

Confidential Reports of Crimes:  Persons who wish to make confidential reports of crime may also do so by calling Crimestoppers at 805-549-STOP (549-7867), by accessing the webpage Crimestoppers. , or by texting “SLOTIPS (plus the message)” to CRIMES (274637).

 

Emergency Notifications

 

It is the practice of Cuesta College, in matters where there is an in-progress significant emergency or dangerous incident that poses an immediate threat to the members of the Cuesta College community, some or all of the various available communication systems will be used to quickly communicate information to community members. These communication methods include PA systems in emergency vehicles, bullhorns, the college web site, college e-mails, and text messages that can be sent to cell phones through the AlertU mass notification system.  Cuesta College will, without delay (while considering the safety of the community, determine the content of the notification and initiate the notification system(s).  The timing of the notification, may be delayed if, in the professional judgment of responsible authorities, initiating the message will compromise efforts to assist victims or contain, respond to, or otherwise mitigate the emergency.

 

When a report of a significant emergency or dangerous incident is reported to Cuesta College, an initial response to the location will be done by police personnel.  Once Cuesta College Police are on scene, they will relay what the situation is and the police chain of command will be notified.  Once the Chief of Police or designee is notified of the event, the facts will be relayed to the College President or designee and any other emergency personnel specific to the type of event (e.g. fire official in the event of fire)

 

Evacuations

 

Emergency evacuation of a building/buildings or the campus may be required due to situations such as a major fire, an explosion or a major crisis situation.  Upon notification of conditions that may merit an evacuation, the Cuesta College President or his designee will make the determination to order an evacuation based on consultation with the Cuesta College Crisis Action Team and/or the Cuesta College Director of College Safety Services/Chief of Police.  Based on the level of the evacuation, the Emergency Operations Center may be activated.  If an evacuation is ordered, the Cuesta College Police Department will be tasked with directing students, faculty, and staff to designated Emergency Assembly Points.  Emergency Assembly Points maps are located in all buildings on campus.

 

Campus Security Authorities and Clery Reportable Crimes

 

The Cuesta College Police Department is aware that Clery crimes may go unreported.  The Clery Act defines certain college employees as being Campus Security Authorities, including anyone who has significant responsibility for students and student activities. Campus Security Authorities must report any crimes that they may have become aware of in their daily contact with students.  Failure to disclose knowledge of a Clery crime

can result in large fines to Cuesta College.  Employees such as administrators, deans,

directors, department heads, faculty advisors, student academic advisors, student activities advisors, coordinators, and athletic coaches must report Clery crime violations.  Classroom faculty (except for Advisors), Physicians, Psychologists, and most clerical staff are examples of employees who are not required to report under the Clery Act.  All reports can be confidentially and anonymously in accordance with reporting person’s wishes.

 

Clery crimes must be reported to the Cuesta College Police Department. Clery Crimes include the following:

- Criminal Homicide

                        - Murder

                        - Negligent Manslaughter

            - Sex Offences

                        - Forcible

                        - Non-forcible

            - Robbery

            - Aggravated Assault

            - Burglary

            - Arson

            - Motor Vehicle Theft

            - Arrests

                        - Liquor law

                        - Drug-related

                        - Weapons

            - Disciplinary Referrals

                        - Liquor law

                        - Drug-related

                        - Weapons

 

- Hate Crimes

                        - Race

                        - Gender

                        - Religion

                        - Sexual Orientation

                        - Ethnicity

                        - Disability

 

Crime Definitions

 

Murder/Non-Negligent Manslaughter:  The willful (non-negligent) killing of one human being by another.  NOTE: Deaths caused by negligence, attempts to kill, assaults to kill, suicides, accidental deaths, and justifiable homicides are excluded.

 

Negligent Manslaughter:  The killing of another person through gross negligence.

 

Robbery:  The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or violence and/or by putting the victim in fear.

 

Aggravated Assault:  An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated 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.  It is not necessary that injury result from an aggravated assault when a gun, knife or other weapon is used which could or probably would result in a serious potential injury if the crime were successfully completed.

 

Burglary:  The unlawfulof a structure to commit a felony or a theft.  For reporting purposes this definition includes: unlawful entry with the intent to commit a theft or a felony; breaking and entering with the intent to commit a theft; housebreaking; safecracking; and all attempts to commit any of the aforementioned.

 

Motor Vehicle Theft:  The theft or attempted theft of a motor vehicle.

 

Arson:  The willful or malicious burning  or attempt to burn, with or without intent to defend, a swelling house, public building, motor vehicle or aircraft, or personal property of another kind.

 

Weapons Law Violations:  The violation of laws dealing with weapon offenses, regulatory in nature, such as; manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to miners; aliens in possession of deadly weapons; all attempts to commit any of the aforementioned.

 

Drug Law Violations:  Violations of California State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making narcotic drugs.  The relevant substances include: opium or cocaine and their derivatives, and dangerous non-narcotic drugs.

 

Liquor Law Violations:  The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minors or intemperate persons; using a vehicle for illegal transportation of liquor; drinking on a public conveyance; all attempts to commit any of the aforementioned.

 

Sex Offenses – Forcible:  These are defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against a person’s will where the victim is incapable of giving consent.  These include forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling.

 

Sex Offenses – Non-Forcible:  Unlawful, non-forcible sexual intercourse.  These include incest and statutory rape.

 

Hate Crimes:  Crimes that, upon investigation, manifest evidence that the victim was intentionally selected because of the perpetrator’s bias.

                                                ____________________

                                                         

Alcohol and Other Drug Philosophy

 

Cuesta College is dedicated to providing the best academic and professional experience that can be offered to its students, faculty and staff.  The use of illegal drugs and the abuse of alcohol are at cross-purposes to this mission and are not tolerated on campus.  Cuesta College is fully committed to achieving an Alcohol and Other Drug (AOD) free environment for its students and employees.  Education and support for those who have questions or problems related to AOD are available and strongly encouraged.  Academic, personal and professional success is Cuesta College’s goal for

all of its students, faculty, and staff.  This goal cannot be achieved if AOD’s are allowed to hinder each person’s natural abilities.  Use of alcohol at Cuesta College is strictly prohibited. 

 

                                                Community Resources:

 

Alcoholics Anonymous:

            -Morro Bay/Cambria                        772-8714 or 927-0347

            -North County                                238-3311 or 466-8175

            -San Luis Obispo                             541-3211

            -South County                                481-6605

Al-Anon                                                      543-7924

Narcotics Anonymous                                   549-7730

Tax Supported Agencies

            -SLO County Drug and Alcohol          549-4296

            -Cambria Connection                        927-1654

            -North County Connection                461-6084

            -Mariposa Center                             473-7082

 

Information About Registered Sex Offenders

 

Convicted sex offenders are required by law to register with the law enforcement agency having jurisdiction where the offender lives.  Convicted sex offenders are also required to register with the Cuesta College Police Department if they are enrolled as a student of the College or employed by the college (either full time or part time, including paid employees or volunteers).  They are required to register if they are working or carrying on a vocation at the college (e.g. contractors) for more than fourteen days or for an aggregate period exceeding thirty days in a calendar year.  In addition, Megan’s Law makes information on “serious” and “high-risk” sex offenders in their local community available to adults and organizations. 

 

The information available includes:

            - Name and known aliases;

            - Age and sex;

            - Physical description, including scars, marks and tattoos;

            - Photograph, if available;

            - Crimes resulting in registration;

            - County of residence;

            - Zip code (based on last registration)

 

The Cuesta College Police Department does not maintain a public database of registrants at Cuesta College.  Information regarding registered sex offenders on campus may be obtained by viewing the Megan’s Law web site:  www.meganslaw.ca.gov.  An offender’s campus involvement will be listed as a secondary registration location.

 

Assistance for Survivors of Sexual Assaults

 

Cuesta College is committed to ensuring that students, employees, and visitors who have been sexually assaulted are treated with sensitivity, dignity and confidentiality and are provided with medical treatment, counseling assistance, and resource information specific to sexual assault.  Every effort is made to ensure that our educational environment promotes and assists prompt reporting of sexual assaults and provides compassionate support services for survivors (Survivor is used rather than victim to denote the positive, potentially healing strength of the individual who was assaulted).  Sexual assaults are crimes that happen to both men and women.  All survivors of sexual assault, regardless of gender, receive the same services and support resources.  Sexual assault includes, but is not necessarily limited to, acts or attempted acts of rape, forced sodomy, forced oral copulation, rape by foreign object, and sexual battery.  If requested by the survivor, Cuesta College personnel will assist in notifying the appropriate law enforcement authorities as well as other treatment services.

 

Cuesta College will not tolerate sexual assault in any form.  Even if the survivor or criminal justice authorities choose not to prosecute, Cuesta College can pursue disciplinary action if the assailant is a student, staff, or faculty member.  If the incident involves someone under the age of 18 years old, the appropriate legal guidelines and notifications will be followed.  Incidents involving non-members of Cuesta College community will be processed according to local and state laws.

 

Possible sanctions to be imposed following the final determination of an on-campus disciplinary procedure regarding rape, acquaintance rape or other sex offenses, forcible or non-forcible, may be one or any combination of the following:

 

            - Expulsion from Cuesta College

            - Suspension for a specified time

            - Probation for a specified time

            - Psychological counseling and/or assessment

           

In sexual assault cases, the accuser and the accused are entitled to the same opportunities to have others present during a campus disciplinary proceeding and both shall be informed of the outcome of any campus disciplinary proceeding brought alleging the sexual assault. 

 

Cuesta College is bound by State statute to uphold the right to confidentiality of any survivor who contacts the College to report an incident of sexual assault.  The College will not take any action without the survivor’s consent, prior knowledge, and /or permission.  Any violation of the California Code of Regulations, Title 5, Section 41301, by a student or recognized student organization, and any violation of faculty or other employee codes of conduct concerning sexual assault will be investigated for possible disciplinary and/or legal action.

 

Phone Numbers For Sexual Assault Survivors

Cuesta College Counseling Services                   546-3138

Cuesta College Health Services                          546-3171

RISE (Respect,Inspire,Support,Empower)           545-8888

San Luis Obispo HOTLINE                                 549-8989

Arroyo Grande Police Department                      473-5100

Atascadero Police Department                           461-5051

Grover Beach Police Department                        473-4511

Morro Bay Police Department                            772-6335

Paso Robles Police Department                          237-6464

Pismo Beach Police Department                         773-2208

San Luis Obispo Police Department                    781-7317

San Luis Obispo County Sheriff’s Department     781-4550