Federal Law Compliance

Transcription

1 Federal Law Compliance The United States Congress has enacted legislation that effects colleges and universities in the United States. The report below will focus on two of these federal statutes that relate to your health and safety at Concordia University. Please become familiar with these and take proactive steps to keep yourself healthy and safe. The Clery Act The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, commonly called the Clery Act, is a federal law which requires colleges and universities that participate in federal financial aid programs to compile and publish statistics about campus crime, and publish campus policies and practices related to safety and security issues. This report is published in compliance with that legislation. The first section of numbered statements in this report is organized to be somewhat parallel with the order of legislated requirements. Following the statistics, there are some clarifications that will help you interpret the statistics; readers are encouraged to inquire about this report and the federal regulations to the Office of the Vice president of Student Life and/or the Campus Safety Office. Each year, the University compiles the statistics for the last complete calendar year and publishes them in accordance with the Cleary Act. This process is a joint effort between the Office of the Vice President of Student Life, the Campus Safety Office and the Office of Residence Life. The statistics recorded in this report are compiled from police reports, when available, Reports of Violation, Incident Reports, Campus Safety Logs, and other various instruments that may or may not be University generated How do I report a crime? Campus Safety Staff and Residence Hall Staff have the authority and responsibility to create a safe and secure campus. Members of these staffs may contact state and local police to assist them in creating and maintaining this environment. Concordia students also share in this responsibility. Campus crime and/or student misconduct as outlined in this report and the Student Conduct Code should be reported to the appropriate authority as outlined below. 1) If the crime/misconduct is in progress: the student should immediately call it to the attention of one of the following: Campus Safety, Residence Hall Staff, Director of Residence Life (during working hours). A written report must be filed with the Office of Campus Safety or Residence Life (only for resident hall violations) by the student within one working day following the incident. 2) If the crime/misconduct is discovered after the incident occurred, the student must file a report by the first working day after the crime/misconduct is discovered. Campus Safety/Director of Resident Life will review the report and refer disposition of the matter to the appropriate campus office and/or contact appropriate law enforcement agency(s) for appropriate action. It is also the student s responsibility to be familiar with the rules of personal conduct and housing regulations which have been developed to ensure a safe and secure environment for the campus community. These can be found in the Student Conduct Code.

2 Facilities Campus buildings are on a lock and unlock schedule set by Campus Safety through each department or building. All residence hall have card access security systems and are cooperatively regulated by the offices of Campus Safety and Resident Life. All other buildings are locked and unlocked by Campus Safety or building staff. Nonresidential buildings are checked on a regular basis by Campus Safety. Residence Life and Campus Safety staffs are on duty in their respective facilities during evening hours. Campus Safety is on duty 24 hours per day, seven day per week. Buildings are opened at predetermined times to accommodate their use by staff and students. These precautions cannot prevent all potential intruders from being in buildings, so students and staff should practice good personal safety, assist in keeping locked doors closed (do not prop doors), and alerting Campus Safety (ext. 4344) officials when there is suspicious activity. Security and Law Enforcement Campus Safety Officers have the authority to enforce all rules and regulations published in the Student Conduct Code. Campus Safety staff are not sworn officers and do not have arrest authority. They coordinate their activities with law enforcement agencies when crime and/or emergency situations occurs. Concordia University Wisconsin has a good working relationship with the City of Mequon Police Department. As noted above, the campus community is encouraged to report suspicious activities to the above noted resources. Students who wish to report a crime anonymously may do online using the campus Safety web site. Type and Frequency of Programs Students and staff are annually provided a student handbook, in the form of a Compact Disk (CD). Via this report, the community is encouraged to use common sense in safety and security practices, and report criminal and suspicious activity. The Campus Safety Office produces safety alerts when applicable, and the daily crime logs are also available. Other safety and security notices and programs may be offered throughout the year by various groups or offices. Off Campus Student Organizations Concordia University Wisconsin is a residential and commuter institution. All resident halls are located on campus. Concordia University does not recognize student groups or organizations, residing as such, in the local community; hence there is no monitoring by University officials. Alcohol and Drug Policies All alcohol and drug policies are outlined in the Student Conduct Code. The University is in full compliance with the drug free schools act. Additional Safety & Security Issues Although the Concordia crime statistics give the impression of a relatively safe environment, there are certain precautions and advice to which all college student should pay attention. The following are not only general safety and security issues, but are based on Concordia University Wisconsin experiences.

3 Theft. Crime statistics do not include general theft. Vulnerable items have included unattended bicycles (particularly high value bikes), and backpacks or book bags left unattended (particularly at the beginning or end of a semester). Thefts do occur on campus. Therefore, thefts can be prevented by one simple action lock your doors! Sexual Assault. Common sense dictates that walking alone at night or in isolated areas is not good practice. Most cases of sexual abuse can be avoided by good communication between individuals regarding sexual expectations. Men and women should practice restraint when consuming alcohol lawfully. Peers should look out for their friends as they enter potentially high risk or poor judgment situations. Residence Halls. Safeguard your community by reporting strangers to your Hall Staff or Campus Safety and you can also help out by keeping outside doors tightly shut and locked. Vehicle Vandalism. Vehicles can be subject to vandalism; always remember to lock vehicles and remove valuables. Registered Sex Offenders. In 1997 the State of Wisconsin enacted the Sex Offender Registration and Community Notification Law. This law was created to monitor and track people convicted of sex crimes and to provide access to this information to police, victims, and the general public. Information about registered sex offenders can be found in the Office of campus Safety or at Notes and Clarifications on Crime Statistics Crime reports are recorded and filed with the Office of campus Safety. Classifications are based on the definitions of the FBI s Uniform Crime Reporting Handbook (UCR). Readers are cautioned that statistics on this campus and others may be difficult to interpret. For example, burglary statistics may not reflect theft of valuable items unless there is unauthorized entry. The category of sex offenses includes "acquaintance rapes," and forcible and non forcible offenses. A forcible sex offense is "any sexual act directed against another person, forcibly and/or against the person's will where the victim is incapable of giving consent," and includes forcible rape, forcible sodomy, sexual assault with an object, and forcible fondling. Nonforcible sex offenses are acts of "unlawful, nonforcible sexual intercourse," and include incest and statutory rape. Discipline statistics include numbers of students "referred for campus disciplinary action." This may be confusing terminology, but a good faith effort has been made by the University to count the number of students who were likely violators of state law (e.g. underage drinking) when they became involved in the discipline system. Hate crime statistics required by this legislation are to include offenses of criminal homicide, negligent manslaughter, sex offenses, robbery, aggravated assault, motor vehicle theft, arson, and other crime involving bodily injury "that manifest evidence that the victim was intentionally selected because of the victim's actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability." Some people interpret any sex offense as a hate crime; the reader is left to their own interpretation of federal law in this regard.

4 The Drug Free Workplace and Schools Act Concordia University Wisconsin is required by the Drug Free Workplace Act of 1988 and the Drug Free Schools Communities Act of 1989 to provide employees and students with information covering (1) standards of conduct concerning drugs and alcohol; (2) legal sanctions; (3) health risks; (4) available counseling and treatment programs; and (5) disciplinary sanctions that the institution will impose on students and employees. Concordia University Wisconsin fully supports these federal acts. Important Definitions Controlled Substance: A drug or substance that has a potential for abuse, has been accepted for medical use under the supervision of medical personnel, and/or use may lead to psychological or physical dependence. Drug Paraphernalia: All equipment, products and materials of any kind which are intended for use, or designed for use, in planting, propagating, cultivating, growing, harvesting, manufacturing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance. OWI or DWI: Operating/Driving a vehicle while under the influence of alcohol or a controlled substance or a combination of each. BAC: Blood Alcohol Concentration an alcohol concentration in the blood of.08% or more in most states constitutes intoxication. Less than.08%, with corroborating evidence from an arresting officer, may also be considered as grounds for intoxication. Health Risks Alcohol: Alcohol is a depressant. It slows the functions of the brain and the central nervous system that controls the finer thought processes. It can effect concentration, recognition, coordination, and inhibitions. In high doses it produces drowsiness and even death. It is an addictive drug and prolonged or continued use can cause physical dependency (alcoholism). When use is discontinued, withdrawal symptoms indicate physical dependence. Stimulants: Stimulants are drugs in powder, pill, or capsule form that can be inhaled through the nose or ingested. Some common forms of stimulants are diet pills, caffeinated soda, cold remedies, and drugs prescribed for attention deficit disorder. Stimulants can cause sweating, nervousness, diarrhea, and irregular or rapid heart beat. In very large doses, stimulants can cause seizures and respiratory failure. Cocaine: Cocaine is a stimulant derived from the leaves of the cocoa bush. It is sniffed as a white powder, liquefied and injected, or vaporized and inhaled (free basing). It produces a fast and powerful high. Tolerance develops easily and high doses can cause a toxic paranoid psychosis. It is highly addictive after only 1 or 2 doses in the "crack" or pallet form which is smoked.

5 Narcotics: Examples of narcotic drugs are: Heroin, Morphine, Codeine, Methadone, Darvon. Risks associated with the drug are: addiction, lowered blood pressure, drowsiness, toxic syndrome, constriction of pupils, central respiratory distress. Hallucinogens: Hallucinogens come in many forms: pills, white crystalline powder, liquid, colored tablets, blotter paper, hard brown discs, capsules, and fresh/dried mushrooms. They are ingested orally or smoked. They cause delusions and hallucinations. PCP blocks pain receptors and may result in violent episodes and self inflicted injuries. Flashbacks are a side effect of some hallucinogens (L.S.D.). They can occur at any time for up to seven years following use of the drug. Marijuana: Marijuana is the crushed and chopped leaves and flowers from the hemp plant. It is usually smoked as a cigarette (joint) or in various types of pipes or hollowed out containers. THC, the most psychoactive chemical in marijuana, is fat soluble. It can be detected in the body up to 4 weeks after a single use. It causes a giddy feeling like drunkenness along with changes in perception and mood. Research shows that continued use can cause damage to the lungs, reproductive and immune systems. Support Programs On campus counseling services are available for substance abuse assessment. Counseling services are also available for mental health and developmental issues that students may have. Outside community referral agencies are available for drug and alcohol counseling. Students who violate alcohol and other drug conduct code policies may be required to obtain an assessment an/or participate in a required counseling program as a condition of enrollment. Awareness education programs are scheduled throughout the year to enhance student, faculty and staff knowledge about drinking, drugs and responsible behavior. Legal Sanctions Concordia University Wisconsin is committed to maintaining a drug free university environment. This means that the university will support all local, state and federal laws regarding drugs and alcohol. Therefore, students and employees should understand that civil laws become the university's laws and Concordia reserves the right to refer violators to civil authorities for prosecution. University Sanctions The statutes listed below apply to students and will be enforced on the Mequon campus, all academic sites off campus, and all off campus activities operated under the auspices of the university. Also, the university reserves the right to prosecute, within its cpnduct system, students observed violating civil laws off campus even if the student was not participating in a Concordia University sponsored activity. Levels have been established which identify the sanctions of fees, points and probation. When a student accumulates a yearly point total of more than 15 points, the student forfeits all housing seniority points and more than 19 points, the student is subject to Resident Hall/University Suspension or Resident Hall/University Expulsion. For a complete copy of the Student Conduct Code, consult the University Portal (mu.cuw.edu) or request a copy of the University Student handbook (CD) from the Office of Resident Life or Student Life Office.

6 Level University Fee Points Probation A $ 0 to $15 0 to 1 B $35 to $50 2 to 4 C $70 to $85 5 to 9 5 months D $100 to $130 9 to months E Residence Hall/University Suspension or Expulsion The following constitutes misconduct for which persons may be penalized. Students may also accumulate disciplinary points, which may lead to probation, suspension, and/or expulsion. Alcohol Misconduct: Use, possession, sale, delivery or distribution of alcoholic beverages or their containers, and/or items or equipment used in the preparation of alcoholic beverages, other than at events and in the location(s) which have been licensed and approved under the conditions of the University. Sanctions: B D Level; 3 C or above offenses within 4 years = removal from residence halls or from the University). Driving Under the Influence Drugs Misconduct: Driving Under the Influence: operating a motor vehicle under the influence of drugs or alcohol on campus or off campus. Sanctions: D Level; First offense will result in the suspension of on campus driving privileges for 3 months; second offense will result in revocation of on campus driving privileges for one calendar year. Note: this sanction may accompany other alcohol charges. Misconduct: Possession or use of illegal drugs or drug paraphernalia (e.g. hookahs, bongs, blow tubes, blunts, look alike drugs). Sanctions: D E level on the first offense and E on second cumulative offense. Misconduct: Furnishing drugs which is the sale, delivery or distribution of drugs and/or drug paraphernalia. Sanctions: E level. State of Wisconsin's Alcohol Sanctions The State of Wisconsin prohibits anyone under that age of 21 from possessing, purchasing or consuming alcoholic beverages, except when the alcoholic beverage is provided by parents, guardians or adult

7 spouses. The municipal (City of Mequon) citation for underage drinking is $ Conviction Fine Jail Suspension or Revocation of Drivers License (*plus $355 surcharge) OWI First $250* 6-9 mo Rev. OWI Second $ * 5 days-6 mo mo Rev. OWI Third $ * 30 days-1yr 2-3 yr Rev. OWI Fourth $ * 60 days-1yr 2-3 yr Rev. OWI Fifth or more $600-10,000 6 mo-6 yr 2-3 yr Rev. Open Container in Vehicle: Driver = $100 Passenger = $50 Causing great bodily harm Up to $25,000 Up to 12.5yrs. 2 yr. Rev. while OWI Homicide while OWI $100,000 Up to 25yrs. 5 yr. Rev. Buy for underage person Up to $300 bail Underage $100 - $ days and up Consumption False I.D. $300 and up $ days Wisconsin State Drug Sanctions Drug Amount Fine Jail Cocaine < 5g Up to $25,000 Up to 12.5 yrs. >5 < 15 g Up to $50, yrs. > 40 <100g Up to $100, yrs. LSD Up to 1g $25,000 Up to 10 yrs. 1 5 g $25,000 Up to 12.5 yrs. > 5 g. $50,000 Up to15 yrs. Marijuana <200g $10,000 Up to 3.5 yrs ,000g $10,000 Up to6 yrs g $25,000 Up to 3.5 yrs. All drug paraphernalia $100 Heroin < 3g $25,000 Up to 12.5 yrs g $50,000 Up to15 yrs g $100,000 Up to 25 yrs. All other Narcotics N/A $50,000 Up to 15 yrs