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Clery Act: Right to Know

 

Download Crime Statistics                 Download Report

 

 

Jeanne Clery Disclosure of Campus Security Policy

and Campus Crime Statistics Act Compliance

 

Campus Safety & Security Report

Introduction

The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act, also known as the Campus Safety and Security Report, is provided in compliance with the Crime Awareness and Campus Security Act of 1990. The report informs the campus community about important procedures, policies, crime prevention programs, and campus crime statistics.

In September of every year, a postcard is mailed annually to students, faculty and staff advising them that the report can be accessed on the Department website at http://www.csusm.edu/police/.  Hard copies of the report are available at the University Police Department, Student Affairs Office, the library, or by calling the University Police Department.   Prospective employees and students are afforded the same information at the time they obtain an application for employment or admission.  Any person may have access to the report.

Crime Statistics

Campus crime, arrest and referral statistics include those reported to the University Police Department, designated campus, officials (including but limited to directors, deans, department heads, designated residential housing staff, judicial affairs, advisors to student organizations, athletic coaches), and local law enforcement agencies.

Compilation of information for the report as well as criminal statistical data as required by the Act is accomplished through cooperative efforts with Student Affairs, Human Resources, Resident Housing, and Judicial Affairs.  

To comply with the act, we collect crime statistics from local police agencies, by providing the addresses of off campus housing or off campus property either owned, or controlled by the university, or public property immediately adjacent to campus.  All local police agencies, where CSUSM property is located or is nearby, provide automated statistics for the property and a radius around the property requested.  These statistics may also include crimes that have occurred in private residences or businesses and is not required by law.

 

The University does not recognize any off campus fraternity or sorority houses.  Likewise, student organization recognition does not extend beyond the University, and student organizations are not recognized to engage in activity off-campus.

 

Crime and arrest statistics are compiled by the University Police department with the assistance of the San Diego County Sheriff Department for crimes occurring on city thoroughfares, streets, sidewalks, and parking facilities within or immediately adjacent to Cal State San Marcos.  The information is included under the “Public Property” section of the Cal State San Marcos crime statistics.

 

Reporting Crimes and Requesting Police Assistance

The reporting of crimes is vital in achieving the goal of providing a safe learning environment for the campus community.  All persons who are victims or witnesses of a crime should promptly report the occurrence to the University Police Department. 

To report a crime, please call dispatch at 750-4567 and for emergencies, call 9-1-1 from any campus phone.  Upon calling, please provide the following:

  • Name, telephone number, and location.
  • Describe the incident clearly and accurately.
  • Do not hang up!  Let the person providing assistance end the call. More information may be requested.

"California law (11160 of the California Penal Code) requires prompt, mandatory reporting to the local law enforcement agency by health care practitioners  (such as those at the Student Health Services) when they provide medical services to a person they know or are reasonably suspected of suffering from wounds inflicted by a firearm or is a result of an assault or other abusive conduct.

 

Reporting of such offenses by victims or witnesses may be done voluntarily.  At times, sensitive situations may arise and University Police officers cooperate with individuals on a confidential basis.  Privileges of confidentiality in criminal matters that are referred for prosecution in a court of law may be subject to exposure. University Police officers work closely with prosecutors and investigators of the San Diego County District Attorney’s Office in these matters and the welfare of the victim or witness is of primary concern.

The University Police Department dispatch center is the campus answering point for 9-1-1 emergency calls on university property and all police dispatch lines are recorded.  The department encourages prompt reporting of all crimes, potential criminal activities and other emergencies on campus either in person, by calling 9-1-1 or by using one of the emergency phones located in all campus parking lots.  The emergency phones are distinctively marked and have a blue light on top.  Campus elevators are also equipped with emergency phones that can be used to summons assistance.  Most university offices and classrooms are equipped with campus phones, which can also be used to summon assistance or report crimes. To report non-emergencies from a campus phone, dial 4567. 

To contact the University Police from an off-campus phone, please call 760-750-4567. 

If you are making an emergency call from a cell phone, it is advisable to call 760-750-4567. 

All 9-1-1 Emergency” telephone calls made from a pay phone on campus will be answered by the San Diego Sheriffs Department or using a cellular phone the call will be directed to the California Highway Patrol’s Communication center.  The San Diego Sheriff Department or CHP dispatcher should be advised that your call is from the University.

Department

The Cal State San Marcos University Police Department is responsible for providing law enforcement services for the Cal State San Marcos campus.  The University Police Department is located at 441 La Moree Rd. in the University Services Building, and is open 24 hours a day. 

University Police Officers are commissioned, sworn peace officers with full enforcement and arrest authority throughout the state.  Officers are responsible for reporting and investigation crimes and traffic accidents, responding to medical emergencies, enforcement of state laws and local ordinances, and all other incidents requiring police assistance. 

Criminal cases are forwarded to the San Diego County District Attorney’s Office (North County Division).  University Police officers provide 24-hour patrol of the campus and surrounding neighborhood on foot, in vehicles and on bicycles.

Campus Alerts

The University Police department takes steps to notify the campus community of potential criminal activity through a variety of mediums including, crime alert bulletins, the department’s website, e-mail, voice mail, or the campus newspaper. 

The department encourages faculty, staff, students and visitors to take responsibility for their safety, by taking proactive steps to reduce the likelihood of crime on campus.  Crime prevention literature is available in the University Police department lobby.

Safety and Security Programs

The department currently offers a limited number of crime prevention programs.  The current programs include the following.

  •  Rape Aggression Defense (R.A.D.) a fourteen-hour personal empowerment and safety education program for women.  This program is open to students, faculty, and staff.  The program is conducted several times every semester. Check call the department or check the department’s website for times and locations.
  • Operation I. D.: A program to encourage engraving and recording of serialized property.  Engravers checked out from the University Police department.  The likelihood of recovering stolen property is increased when the property has owner-applied numbers (OAN) for entry into the state’s automated property system.
  • “502 Blues”:  A comprehensive and interactive program designed to educate students on the effects of alcohol and the consequences that follow alcohol related incidents/arrests.
  • Although the foregoing programs/workshops are the only formal workshops available through our department at this time, we are available to assist students, faculty, and staff with issues such as workplace violence awareness and prevention, property protection strategies, and alcohol/drug awareness.  In the near future, these topics will be formalized and offered to the campus community on a regular basis.  Contact the University Police for information on the workshops/programs or for information regarding crime issues and/or prevention.

 

Escort Service

An escort service is provided from dusk to dawn for the safety of anyone walking alone on campus at night.  Call 4567 from any campus phone or call (760) 750-4567 from your cell phone or campus payphones.  You may also summons the escort service by using any or the campus blue “emergency” phones.

Off Campus Crimes

The Cal State San Marcos University Police Department and the San Diego County Sheriff Department (San Marcos Station) maintain a mutual aid agreement for off campus crimes. 

The University Police Department is responsible for providing police services for university owned or controlled facilities located on and off campus.  Crime statistics for those locations are included in the non-campus building or property section of the Cal State San Marcos crime statistics.   

The San Diego County Sheriff Department is the primary responding law enforcement agency to off campus crimes around Cal State San Marcos, including off campus student organizations and non-university owned/controlled property.  The University Police may also respond to off campus crimes in progress, depending on the nature of the crime and the proximity to campus.  The University Police Department and the San Diego County Sheriff Department work closely with respect to crime issues within the campus community.

University Drug and Alcohol Policy

CSUSM Complies with the Drug Free Workplace Act of 1990 and the Higher Education Act Section 120a…

University police officers enforce laws regulating the use of alcoholic beverages and underage drinking.  Cal State San Marcos is committed to maintaining a safe and healthy environment for the campus community.  Alcohol and other drugs should not interfere with the University’s educational mission.  All Cal State San Marcos students, faculty members, staff members, and administrators are subject to local state and federal laws regarding the unlawful possession, distribution, or use of alcohol or illegal drugs.

The unlawful manufacture, distribution, dispensing, possession or use of illegal drugs on the University campus or at any University-sponsored event off campus is prohibited.  No one may use illegal substances, or abuse legal substances, including alcohol, in a manner, which impairs performance of assigned tasks.

Excessive use of alcohol and other drugs is a serious health problem in itself, but alcohol and drug abuse can also contribute to a host of other physical and mental health

The University Police strictly enforces Federal and State laws, as well as the University’s zero-tolerance policy, for the use and sale of illegal drugs. Violators are subject to university discipline, criminal prosecution and removal from University housing. Students engaging in the sale of illegal drugs will be expelled.  Students found in violation of University alcohol, drug and weapons policies may be subject to academic probation, suspension or expulsion. Parents or guardians may be notified about any disciplinary violation involving alcohol or a controlled substance, which has been committed by a student who is under the age of 21. 

Employees in violation of the university alcohol and drug policies may be subject to corrective action or dismissal or be required to participate fully in an approved counseling or rehabilitation program.  Applicable legal sanctions under local, State and Federal law for the unlawful possession or distribution of illicit drugs and alcohol range from probation, diversion, imprisonment in the county jail for less than one year, to imprisonment in State Prison.  A police officer can take the license from any driver suspected of driving under the influence of alcohol and drugs who refuses to take a blood alcohol test.

The drinking of alcohol is not permitted on city streets and /or sidewalks around Cal State San Marcos.  Underage drinking of alcoholic beverages is not permitted.  All state and local laws regulating the illegal use, possession or sale of alcohol or illegal drugs are strictly enforced by the University Police.  Violators are subject to fine, imprisonment, and/or university disciplinary sanctions.

The university recognizes that alcohol and drug dependency is an illness and a health problem.  Individual assessment, treatment, and referral services are available through Counseling and Psychological Services and Student Health Services. 

 problems such as unwanted pregnancy, violent behavior, HIV infection and other sexually transmitted diseases and psychological depression. 

The use of alcoholic beverages must comply with California State Law.  The possession, transportation, and/or consumption of alcohol by individuals under 21 years of age are strictly prohibited. Alcoholic beverages may not be consumed in public areas and must be concealed and not in plain view when transported in the Residence Community.  Residents in the Residence Community under the age of 21 are not permitted to host guests or residents of any age who are in possession of alcohol in their room/apartment.

Security and Access to Campus Buildings

Most university facilities are open to the public during the day and evening hours when classes are in session.  During the times that the university is officially closed, university buildings are generally locked and only faculty, staff, and some students with proper I.D. are admitted.  Facility Services Department maintains the university buildings and grounds with a concern for safety and security and responds to reports of potential safety and security hazards, such as broken windows, locks and lighting problems. 

The University Police assist Facility Services by reporting potential safety and security hazards.  To report potential hazards call Facility Services during business hours at 760-750-4600 and after hours call University Police at 760-750-4567. 

The police officers and community service officers regularly test the emergency phones and submit work orders for repair, recommend the trimming of shrubbery for safety reasons and conduct periodic lighting surveys.  Officers report the need for replacement of lights and any other physical hazards they notice.  Members of the Police Department and Risk Management and Safety Department make periodically walk through the campus to review lighting and other environmental concerns for safety.   Periodic crime prevention surveys are conducted when a crime trend occurs or upon the physical changes of office space and equipment when requested by an administrator. 

 

The campus “access control” systems provide electronic access to some campus buildings and labs.  The system is monitored by University Police.  All campus buildings are equipped with card key access and door alarms that report to the University Police.   Many offices, labs, computer rooms and areas of campus have alarms.

Lighting improvements are constantly being evaluated. Improvements have included the placement of high intensity sodium vapor lights in buildings, in parking lot areas, in areas with heavy landscaping and trees, and along pathways frequently traveled by students.  Outdoor “Blue Light” telephones are located in all of the campus parking lots.

Sexual Assault

Cal State San Marcos does not tolerate sexual assault against females or males, whether committed by a stranger or by an acquaintance.  The university attempts to protect members of the campus community, including visitors, from sexual assaults and offers any student, faculty or staff member who survives a sexual assault that occurs within the context of the university community the support necessary to enable them to continue to pursue their academic or career goals.

Sex crimes, including but not limited to sexual assaults and rapes, represent violations of criminal and civil law, and constitute serious breaches of student or employee conduct as well.  All parties should explicitly agree to any sexual activity.  Verbal communications of non-consent, non-verbal acts of resistance or rejection, or mental impairment of the victim due to any cause including the victim's use of alcohol or drugs may constitute lack of consent.  The use of alcohol or drugs will not be accepted as an explanation for the actions of any individual charged with a violation of this Policy.

Any individual who has been sexually assaulted, including date or acquaintance rape, is strongly encouraged to report the incident to the University Police, the local police (if off-campus) university officials, faculty or staff members as well as with any civil authorities that an individual deems appropriate.  Staff members of Counseling and Psychological Services, Housing Office, Student Health and Counseling Center, Woman's Center and Dean of Students Office are trained to assist and support victims in notifying appropriate law enforcement authorities regarding such crimes, if requested by the victim.  

Definitions

For the purposes of this Policy, "sexual assault" is defined as any sexual act perpetrated upon a person without their consent, where the assailant uses physical force, threat, coercion or intimidation to overpower or control the victim; where the victim fears that they or another person will be injured or otherwise harmed if they does not submit; where the victim is prevented from resisting due to the influence of alcohol or other drugs; or where consent is otherwise not freely given. A sexual act includes, but is not limited to, actual or attempted intercourse, sexual touching, fondling, and groping. 

Sexual assault is classified as "rape" when vaginal, anal or oral intercourse takes place without consent.  This includes penetration by a foreign object.

Any individual who survives a sexual assault is appropriately referred to as a "survivor" and is so identified throughout this Policy.

A "professional counselor" is an individual whose official responsibilities include providing mental health counseling to members of the institution's community and who is functioning within the scope of their license or certification. 

Response to Reports of Sexual Assault

The University is committed to creating a campus environment that both promotes and assists in prompt reporting of sexual assault, and to providing compassionate support services for survivors.  

Students who are the victims of campus-related sexual assault are entitled to certain rights. These rights include, but are not limited to, the following: 

  • The survivor has the right to have their claims treated seriously and to be treated with dignity.  The survivor has the right to be informed of their options with regard to notifying law enforcement authorities and to be assisted in notifying such authorities if they so choose.  Because the university recognizes that a sexual assault is more than an assault on an individual’s body, but is also an attack on the individual’s dignity and sense of self, the university is committed to insuring that the decision to take action against the accused rests solely with the survivor. There may be circumstances, however, depending upon the status of the alleged assailant and the seriousness of the offense, in which the university must take action to protect the survivor or the campus community.  Federal law requires that the university provide the campus community with timely notice of certain reported crimes and/or acts the institution believes represent a threat to members of the campus community. 

 

  • The survivor has the right to be free from undue coercion of any kind from university’s personnel.  Such coercion includes but is not limited to pressuring the survivor to report, not to report, or to under report a sexual assault; suggesting that the survivor somehow contributed to or assumed the risk of being sexually assaulted; or suggesting that the survivor or the university would incur unwanted publicity or humiliation by reporting the sexual assault.

 

  • Student survivors may choose to change academic arrangements, if such changes are reasonably available, without financial or academic penalty.  For assistance in exploring options for a change in academic situations, contact should be made with the Assistant Dean for Student Affairs in their College. 

 

Reporting the Assault

Individuals who have been raped or sexually assaulted should try to preserve all physical evidence.  They should not wash, use the toilet, or change clothing, if doing so can be avoided. If oral contact took place, one should not smoke, eat, drink, or brush one's teeth.  If one changes clothes, all clothing worn at the time of the attack should be placed in a paper bag, not plastic.  Medical attention should be sought as soon as possible to assess any physical injuries, prevent sexually transmitted diseases or pregnancy, and collect important evidence in the event legal action is taken.

The nature of sexual assault, particularly when perpetrated by an acquaintance, makes it difficult for many survivors to report their experience.  For this reason, the Women’s Center has been designed as the primary place where individuals may seek assistance in complete confidentiality.

Students who believe that they are victims of a sexual assault should contact at least one of the following university offices:

         Women’s Center

         University Police Department

         Counseling and Psychological Services

         Student Health and Counseling Center

         Dean of Students Office

University faculty, staff members or campus visitors who believe they are victims of a sexual assault should contact at least one of the following university offices:

·         Women’s Center

·         University Police Department

·         Human Resources & Equal Opportunity Department

Survivors can receive confidential assistance from any professional counselor located on or associated with the university or staff within the Student Health and Counseling Center with whom conversations are privileged.

As part or the effort to provide an environment conducive to the university’s mission, the following services relating to sexual assault are provided at Cal State San Marcos.  The university provides educational programs to enhance awareness of sexual assault and the condition that fosters this offense on university campuses.  The campus provides counseling and other services to survivors of sexual assault that occur on university property or to those who are affiliated with the university.

The university undertakes to safeguard the rights and interest of the survivor and pursues sanctions against the perpetrators or sexual assault.  The University Police provides emergency response for survivors immediately following an assault. 

The University Police will arrange transportation to a hospital for treatment and evidence collection; provide notification to an off-campus support and counseling service; provide law enforcement/investigative services as applicable; forward cases to the San Diego County District Attorney’s office for prosecution; provide assistance in contacting the appropriate law enforcement agency in the event the assault took place off campus.

If you are sexually assaulted

Get to a safe place  Call the University Police as soon as it is safe to do so by dialing 9-1-1  Do not shower, bathe, douche, change clothes, or straighten up the area.  You may destroy evidence which may be necessary in the successful prosecution of the perpetrators

The Division of Student Affairs works closely with the University Police to provide support and counseling for a sexual assault victim.  They inform the victim of the campus’s disciplinary procedures against the perpetrators up to and including expulsion from the university. They facilitate the provision of advocates or other support to the survivor; provides changes in the survivor’s academic situation if reasonably available; and conducts education programs to enhance awareness of sexual assault on campus.

The department provides a fourteen-hour personal empowerment and safety education program for women (Rape Aggression Defense RAD).  This program is open to students, faculty, and staff.  The program is conducted several times every semester. Call the department or check the department’s website for times and locations.

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

Summary

The University Police Department believes a well-informed community remains a safety conscious one. On-going efforts will be made to ensure that the campus community will be informed about public safety and criminal incidents on campus.

Campus community Crimes include on campus and off campus sites adjacent to the University. The Department is required to submit a monthly Uniform Crime Report to the Federal Bureau of Investigation (FBI) at the Department of Justice in Washington, DC.  Crime statistics for the area surrounding CSUSM are available from the San Diego County Sheriff’s Department, San Marcos Station.

 

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