Clery Disclosure of Campus Safety

Policy Number: 1.8.7
Category: Administration


Effective Date: 09/30/2015
Owner: Sr. V.P. for Administration and Finance
Policy Applicable for: Faculty/Staff/Students/Third Parties
Enabling Act(s): University Rule
Responsible Office: Department of Public Safety, Office of General Counsel

Background

This policy serves to meet the university’s compliance obligation under the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act of 1998” (commonly referred to as the “Clery Act”) at all University of Cincinnati (“UC”) locations. This policy, in combination with the University of Cincinnati Department of Public Safety (“Department of Public Safety”) policies, is intended to govern the preparation, publication, and distribution of the Annual Security and Fire Report, and ensure that all elements of the process are carried out in a manner that meets federal regulations. The Department of Public Safety encompasses, amongst other offices, the UC Police Department (“UCPD”), 911 communications, emergency management, and staff with administrative functions. For purposes of this policy and the Clery Act, individuals are often directed to UCPD within the Department of Public Safety. The Department of Public Safety, through its offices, implements portions of this directive based upon internal policies and procedures.

The Clery Act, requires institutions of higher education receiving federal financial aid to report specified crime statistics on college campuses and areas within the same reasonably contiguous geographic area of college campuses, and to provide other safety and crime information to members of the campus community. The Violence Against Women Reauthorization Act of 2013 (“VAWA”), mandates additional requirements as to how colleges and universities are to provide information to the students, faculty, staff, prospective students and employees, and visitors. 

Scope of Clery Compliance Policy

It is the policy of the Department of Public Safety and UCPD to comply with the Clery Act. Compliance with the Clery Act requires a joint effort between the UC Department of Public Safety and UCPD and the administration of the institution. Supervisors assigned areas of responsibility in the following policy sections are expected to be familiar with the Department of Education’s Handbook for Campus Safety and Security that are relevant to their responsibilities, and will be provided training annually and/or upon request by contacting the UC Clery Compliance Manager.

This policy covers reports and complaints of a criminal nature, including sexual offenses. As such, this policy applies to situations in which either party is a UC student, UC employee, a third party (for purposes of this policy, a third party is anyone who visits UC’s campuses or participates in a university program or activity) or anyone within the university’s Clery geography. Further, the policy provides information for prospective students and employees.

In the event that an allegation arises involving university faculty or staff, the university will apply the disciplinary measures and grievance policies and procedures as set forth in the university’s HR policies or the appropriate collective bargaining agreement to which the employee is subject. In all circumstances, the university provides a disciplinary proceeding that is a prompt, fair, and impartial process. Both Complainant and Respondent may have the advisor of their choice at all times during the process and procedures. 

I. General Clery Act Policy

The Department of Public Safety and UCPD encourage accurate and prompt reporting of all crimes and take all such reports seriously. Reports will be accepted in any manner, including in person or in writing. Reports will be accepted anonymously, by phone at the EthicsPoint Hotline at 1-800-889-1547 or by email at http://www.uc.edu/af/intaudit/ethicshotline.html. In addition, anonymous reports can be made via email at pubsafety@uc.edu to the extent that the users email address does not provide identifying information. It is the policy of the Department of Public Safety and UCPD to comply with the Clery Act. Compliance with the Clery Act requires a joint effort between the UC Department of Public Safety and the UCPD and the administration of the institution.

The University of Cincinnati takes seriously its obligation to comply with the Clery Act. All criminal incidents are classified in accordance with federal guidelines. All Clery crimes reported to the Department of Public Safety and Campus Security Authorities (CSAs), as defined herein, are recorded in the university's crime statistics, which are published in the campus’ Annual Security and Fire Report.

The university’s compliance with the provisions of the Clery Act and VAWA does not constitute a violation of Family Educational Rights and Privacy Act. 

II. Law Enforcement

Pursuant to Ohio Revised Code Section 3345.04, the university employs its own sworn law enforcement officers. Therefore, all university police officers have arrest authority and have sworn an oath to uphold the laws of the State of Ohio. The jurisdiction of the UCPD includes each university campus and contiguous public property. The Department of Public Safety also employs non-sworn, security officers, who do not have arrest authority. The UC security officers report to the Chief of Police and provide non-law enforcement functions. UCPD is located in Three Edwards Center, 51 W. Corry Blvd. The UC police also maintain satellite offices at UC Blue Ash and UC Clermont. At UC Blue Ash, the satellite office is located at Muntz Hall- Room 134. At UC Clermont, the satellite office is located at the Snyder Building room s-170.

With its main campus being within the City of Cincinnati, and Hamilton County, Ohio, the university believes in the importance of working with local law enforcement agencies. Currently, the university is a part of the Hamilton County Law Enforcement Mutual Aid Agreement and has a Memorandum of Understanding (MOU) with the City of Cincinnati. The Hamilton County Law Enforcement Mutual Aid Agreements permits members of local law enforcement to assist in policing areas traditionally outside of their jurisdiction, when necessary. It also permits for use of specialized tactical units. The MOU with the City acknowledges the need of the City and the UCPD to work together, so that the university may ensure it meets the needs of its students, employees and visitors.

In addition, the UCPD has a working mutual aid agreement and memorandum of understanding with the Blue Ash Police Department and the Clermont County Sheriff’s Office that allow the University of Cincinnati Police to act on criminal matters that occur within the neighboring areas around campus. These areas would include properties and addresses that are required to be included in the annual security report. In addition to the MOU and Mutual aid agreement, the University of Cincinnati Police work cooperatively with the investigative sections of the local law enforcement agencies to investigate criminal matters.

UC encourages accurate and prompt reporting of all crimes to UCPD and appropriate police agencies, when the victim of a crime elects to, or is unable to, make such a report. Professional counselors are encouraged to inform the persons they are counseling of any procedures to report crimes on a voluntary, confidential basis for inclusion in the annual disclosure of crime statistics, if and when the counselors deem it appropriate.

III. Definitions

A. General Clery Definitions

Advisor - Any individual who provides the Respondent or Complainant support, guidance, or advice.

Awareness programs - Community-wide or audience specific programming, initiatives, and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration.

Bystander intervention - Safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking.

Bystander intervention includes:

  • Recognizing situations of potential harm, and 
  • Understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking actions to intervene

Campus Security Authority (CSA) - Individuals at the university who, because of their function for the university, have an obligation under the Clery Act to notify the university of alleged Clery Crimes that are reported to them in good faith, or alleged Clery Crimes that they may have personally witnessed. These individuals, by virtue of their position due to official job duties, ad hoc responsibilities, or volunteer engagements, are required by federal law to "report" crime when it has been observed by, or reported to them by another individual. The individuals typically fall under one of the following categories:

  1. A member of a campus police/security department. 
  2. Individuals having responsibility for campus security in some capacity, but are not members of a campus police/security department (e.g., an individual who is responsible for monitoring the entrance to university property). 
  3. People or offices that are not members of a campus police/security department, but where policy directs individuals to report criminal offenses to them or their office. 
  4. Officials having significant responsibility for student and campus activities, including but not limited to, student housing, student discipline and campus judicial proceedings.

Designated Clery Act crimes reported to the following individuals or offices will be included in the annual report:

University of Cincinnati and Regional Campuses

  • University President
  • Provost and Assistant Provosts
  • Vice Presidents and Assistant/Associate Vice Presidents
  • Deans and Assistant Deans
  • University Judicial Affairs
  • Resident Education and Development staff (including hall directors, advisors, and resident assistants)
  • Vice President for Student Affairs & Services
  • Director of Education Abroad • Academic Advisors
  • Advisors to Recognized Student Organizations
  • Director and Assistant Directors of Intercollegiate Athletics
  • Coaches of Intercollegiate Athletic teams
  • Office of Title IX personnel
  • University of Cincinnati Public Safety personnel
  • Human Resources

For a more complete list of CSA offices and the accompanying phone numbers, see Appendix C. Appendix C is reviewed and updated annually.

Campus/On-Campus - Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property that is within or reasonably contiguous to, that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).

Clery Act Crimes ("Clery Crimes") - Crimes required by the Clery Act to be reported annually to the university community, including: criminal homicide (murder and negligent/non-negligent manslaughter); sex offenses (forcible and non-forcible); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including previously listed crimes plus larceny-theft, simple assault, intimidation, or destruction/damage/vandalism of property that are motivated by bias); dating violence; domestic violence; stalking; and arrests and referrals for disciplinary action for any of the following: (a) liquor law violations, (b) drug law violations, and (c) weapons law violations.

Clery Geography - Locations where Clery Crimes must be recorded: 1) on campus, 2) on public property within or immediately adjacent to and accessible from the campus, and 3) in or on noncampus buildings or property that the institution owns or controls.

Department of Public Safety Clery Compliance Manager – University employee who works collaboratively with various offices at the university to develop, implement and oversee programs that ensure the university's overall compliance with the Clery Act and associated regulations at all university locations.

Emergency Notification - Upon confirmation, an announcement to inform the relevant campus community about a “significant emergency or dangerous situation involving an immediate and possibly imminent threat to the health or safety of students or employees occurring on the campus." An emergency response expands upon the definition of "timely warning" (see below), as it includes both Clery Act crimes and other types of emergencies (examples: a fire, infectious disease outbreak, terrorist attack, natural disaster, weather emergency).

Family Educational Rights and Privacy Act of 1974 (“FERPA”) - A Federal law codified under 20 U.S.C. § 1232g; 34 CFR Part 99 that protects the privacy of student education records.

Non-Campus Property - Any building or property owned or controlled by a student organization that is officially recognized by the university; or any building or property owned or controlled by UC that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.

Ongoing prevention and awareness campaigns - Programming, initiatives, and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the university.

Pastoral Counselors - Individuals who are associated with a religious order or denomination, recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor. Pastoral Counselors, when acting within the scope of the official responsibilities are not CSAs.

Physician-Client Confidentiality - Communications between a licensed, treating physician and his/her patient are typically considered confidential. Therefore, treating physicians are not considered CSAs.

Primary prevention programs - Programming, initiatives, and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe direction.

Proceeding - All activities related to a non-criminal resolution of an institutional disciplinary complaint, including, but not limited to, fact finding investigations, formal or informal meetings, and hearings. Proceeding does not include communications and meetings between officials and victims concerning accommodations or protective measures to be provided to a victim.

Professional Counselors - Individuals whose official responsibilities include providing mental health counseling to members of the institution's community and who are functioning within the scope of his or her license or certification. Professional Counselors, when acting within the scope of the official responsibilities are not CSAs.

Programs to prevent dating violence, domestic violence, sexual assault, and stalking - Comprehensive, intentional, and integrated programming, initiatives, strategies, and campaigns intended to end dating violence, domestic violence, sexual assault, and stalking that:

  • Are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome; and 
  • Consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels

Prompt, fair, and impartial proceeding - A proceeding that is completed within reasonably prompt timeframes designated by an institution’s policy, including a process that allows for the extension of timeframes for good cause and with written notice to the accuser and the accused of the delay and the reason for the delay;

Conducted in a manner that:

  • Is consistent with the institution’s policies and transparent to the accuser and accused; 
  • Includes timely notice of meetings at which the accuser or accused, or both, may be present; 
  • Provides timely and equal access to the accuser, the accused, and appropriate officials to any information that will be used during informal and formal disciplinary meetings and hearings; and 
  • Is by officials who do not have a conflict of interest or bias for or against the accuser or the accused.

Public Property - All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Reasonably Contiguous (as pertaining to a college campus) - Buildings or property owned or controlled by the institution, located in an area that is considered and treated as an integral part of campus and covered by the same security policies as the uptown campus.

Residential Facility (Subset of “On-Campus” Statistics) - Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility.

Result - Any initial, interim, and final decision by any official or entity authorized to resolve disciplinary matters within the institution. The result includes any sanctions imposed by the university.

Risk reduction - Options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence

Timely Warning - An announcement made to alert the campus community about Clery Crimes and other serious incidents in the event that a reported crime may pose a serious or continuing threat to the campus and surrounding community in order to aid in the prevention of similar crimes. At the university, a timely warning is referred to as “safety alert.” 

B. Clery Act Crime Definitions

For purposes of this Policy, the University of Cincinnati utilizes the following definitions based upon federal regulations and Ohio state law, where applicable.

Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily 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.

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

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

Complainant - The individual who files a report or on whose behalf a report is filed.

Consent - The State of Ohio, through the Ohio Revised Code does not define consent. The university, for purposes of disciplinary proceedings, defines consent as informed, freely given, mutual, and can be withdrawn at any time. A person cannot give consent if they are mentally or physically incapacitated or impaired such that the person cannot understand the fact, nature or extent of the sexual situation; this includes impairment or incapacitation due to age, alcohol or drug consumption, or being asleep or unconscious. Similarly, a person cannot give consent if force, expressed or implied, duress, intimidation, threats or deception are used on the complainant. Silence or the absence of resistance does not necessarily imply consent. Consent to some sexual acts does not imply consent to other acts, nor does prior consent to sexual activities imply ongoing future consent with that person or consent to that same sexual activity with another person. Whether an individual has taken advantage of a position of influence or authority over an alleged victim may be a factor in determining consent.

Dating Violence* - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.

  • The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship. 
  • For the purposes of this definition, dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. 
  • Dating violence does not include acts covered under the definition of domestic violence. 
  • Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

*Ohio Revised Code does not define dating violence.

Domestic Violence - A felony or misdemeanor crime of violence committed by:

  • A current or former spouse or intimate partner of the victim; 
  • A person with whom the victim shares a child in common;
  • A person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner; 
  • A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or 
  • Any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Pursuant to Ohio Revised Code § 2919.25 Domestic Violence*:

  • No person shall knowingly cause or attempt to cause physical harm to a family or household member. 
  • No person shall recklessly cause serious physical harm to a family or household member. 
  • No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

* For the complete text of Ohio Revised Code §2919.25 see: http://codes.ohio.gov/orc/2919.25

Drug Abuse Violations - Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous nonnarcotic drugs (barbiturates, Benzedrine).

Hate Crimes - Any Clery reportable offense and larceny-theft, simple assault, intimidation, destruction, damage or vandalism of property for which the evidence shows that the victim was intentionally selected because of the perpetrator’s bias or because the perpetrator perceived the victim to be a member of one of the bias categories. The bias categories include: race, gender, gender identity, religion, sexual orientation, ethnicity, national origin and disability.

Liquor Law Violations - Violations of state or local laws or ordinance prohibiting: the manufacture, sale, transportation, furnishing, possession of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Motor Vehicle Theft - Theft or attempted theft of a motor vehicle, including mopeds, motorized scooters, and golf carts. (All cases where automobiles are taken by persons not having lawful access, even though the vehicles are later abandoned - including joy riding, will be classified as motor vehicle theft.)

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.

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

Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s UCR program.

Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

  • Rape- The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. 
  • Fondling – The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity. 
  • Incest – Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. 
  • Statutory Rape – Sexual intercourse with a person who is under the statutory age of consent.

Stalking - Engaging in a course of conduct directed at a specific person that would: cause a reasonable person to fear for his or her safety or the safety of others, or suffer substantial emotional distress. For the purposes of this definition, the following will apply:

  • Course of conduct means two or more acts, including, but not limited to, acts in which the stalker directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property. 
  • Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. 
  • Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. 
  • Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

Pursuant to Ohio Revised Code §2903.211 Menacing by Stalking*:

(A)

  1. No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or cause mental distress to the other person. In addition to any other basis for the other person's belief that the offender will cause physical harm to the other person or the other person's mental distress, the other person's belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs. 
  2. No person, through the use of any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, or computer system, shall post a message with purpose to urge or incite another to commit a violation of division (A)(1) of this section. 
  3. No person, with a sexual motivation, shall violate division (A) (1) or (2) of this section. 

*For the complete text of Ohio Revised Code §2902.211 see: http://codes.ohio.gov/orc/2903.211

Unfounded Crimes - A crime may be withheld or subsequently removed from the crime log and the statistics in the rare situation in which: 1) a sworn or commissioned law enforcement officer conducted a full investigation of the reported crime; and 2) based upon the full investigation and evidence, made a formal determination that the crime report is false or baseless and therefore, unfounded.

VAWA Crimes – Sexual assault, dating violence, domestic violence, and stalking.

Weapon Law Violations - The violation of laws or ordinances 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 minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned.

IV. Reporting Crimes and UCPD Collection of Crime Statistics

A. Reporting a Crime

  1. UC encourages accurate and prompt reporting of all crimes to the UCPD. 
    1. Reports can be made to the department by phone at 513-556-1111 or via email at pubsafety@uc.edu
  2. Reports will be accepted anonymously at EthicsPoint at http://www.uc.edu/af/intaudit/ethicshotline.html or by phone at 1-800-889-1547. 
  3. Mandatory Reporting - Ohio Revised Code Section 2921.22, “Failure to report a crime…” mandates that anyone, other than a pastoral or professional counselor, who is aware that a felony took place in the State of Ohio, must report the crime to the police. 
  4. A crime will be considered for purposes of Clery reporting and statistics when it is brought to the attention of a campus security authority or local law enforcement by: 1) the victim; 2) a witness; 3) a third party; or 4) the offender. 
  5. Reports made to any CSA as listed herein may be used for consideration for timely warnings, statistical disclosure & time logged entry provided enough information is obtained.

B. Anonymous and De-Identified Reporting

  1. Public Records Law - The university as a state-sponsored, public entity is subject to the Ohio Public Records Act in Section 149.43 of the Ohio Revised Code. As such, the UCPD cannot offer confidential incident reports. 
  2. Reports will be accepted anonymously at EthicsPoint at http://www.uc.edu/af/intaudit/ethicshotline.html, via the EthicsPoint anonymous reporting hotline at 1-800-889-1547, or by phone at 513-556-1111. 
  3. Women’s Center RECLAIM Advocates - RECLAIM peer advocates at the University Women’s Center will provide resources and/or assistance to survivors of sexual offenses, and provide de-identified Clery related information to UCPD. 

C. Collection of Crime Statistics

The Clery Compliance Manager is responsible for maintaining UC Department of Public Safety and University Police 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. Use of the statistics for Clery related purposes is contingent upon the statistics being provided in a timely, accurate, and properly categorized manner. Local law enforcement agencies from which records are requested, include, but are not limited to Cincinnati Police Department, Batavia Police, Blue Ash Police, and Reading Police.

Statistics in the Annual Security and Fire Report are based upon the allegations reported to the university through its Department of Public Safety and CSAs, and compiled by the Clery Compliance Manager based upon communications with local law enforcement and CSAs. These statistics shall be compiled using definitions from the FBI’s Uniform Crime Reporting (UCR), VAWA, and the Ohio Revised Code, where applicable.

1. Compilation of Crime Statistics

The statistics shall be compiled as follows:

  • Statistics concerning the occurrence of Clery reportable crimes reported to the UCPD or to local police agencies that occurred on campus, in or on non-campus buildings or property, and on public property immediately adjacent to and accessible from the campus; 
  • Statistics for hate crimes; 
  • Statistics will be included by the calendar year in which the crime was reported to the UCPD or CSA; 
  • Statistics will be included for the three most recent calendar years; and 
  • Statistics will not identify the victims of crimes or persons accused of crimes. 
2. Categories of Crime Location

The statistics will be categorized separately as offenses that occur in the following places: 

  • On-campus - On-campus buildings or property that are owned or controlled by the university, within the same reasonably contiguous geographic area, and are used by the university in direct support of, or in a manner related to, the university's educational purposes, or the building or property is within or reasonably contiguous and/or is owned by the university but controlled by another person, is frequently used by students, and supports institutional purposes; 
  • On-Campus Residence Halls - Dormitories or other on-campus, residential or student facilities. 
  • Non-campus - Buildings or property owned or controlled by a student organization that is officially recognized by the university; or any building or property owned or controlled by the university that is used in direct support of, or in relation to, the university's educational purposes, is frequently used by students, and is not within the same adjacent or contiguous geographic area of the university; and 
  • Public property - Public property including parks, thoroughfares, streets, sidewalks, and parking facilities, within the campus or immediately adjacent to, and accessible from the campus. 
  • Out of State and International Sites - The Department of Public Safety Clery Compliance Manager requests and gathers crime statistics from law enforcement as well as university program coordinators within the sites jurisdiction and reports the data to the Department of Public Safety. 
  • Contact Information – The Clery Compliance Manager can be reached by phone at 513-556-4900. 
3. Hierarchy Rule

For purposes of Clery crime statistics, the university will apply the FBI Uniform Crime Reporting (UCR) Hierarchy Rule, which indicates that in cases of multiple offenses occurring out of the same set of facts (i.e. same time and place, insignificant time interval between the offenses, unbroken time duration, or same or adjoining locations) the university will count only the most serious offense. This applies only to crime reporting and does not affect the number of charges filed against the defendant.

The UCR hierarchy rule does not apply to arson, domestic violence, dating violence, hate crimes, stalking, or sex offenses; therefore, some instances of the aforementioned are counted in multiple categories. Hence, a singular criminal incident may be listed under a variety of Clery crime statistics, if facets of the incident meet criteria defined herein. As always, please refer to the Daily Crime Log for information regarding the most recent criminal occurrences.

D. Campus Security Authorities

Campus Security Authorities (CSAs), as defined herein, have the responsibility to report all allegations made to that CSA in good faith to the University Department of Public Safety or the UCPD via phone, in person or by emailing or mailing the complete Clery form. For extra copies of the form, please contact the Clery Compliance Manager. 

For purposes of the Clery Act, a crime is considered reported when it is brought to the attention of a CSA. Further, when a CSA has a reasonable basis for believing that the information related to a crime is true (i.e. not rumor or hearsay); the CSA has an obligation to report that crime to the UCPD, UC Department of Public Safety, or the Clery Compliance Manager.

All CSAs at the university will be contacted and informed of this classification. UC Department of Public Safety provides CSAs with training on an annual and as needed basis. If a CSA would like to schedule a supplemental training, please contact the Clery Compliance Manager at 513-556-4900.

E. Daily Crime Log

The university shall maintain a daily crime log of all reported crimes. This log will be available for public inspection at the security desk of any UC campus, as defined herein, upon request. For a printed copy, please contact the Clery Compliance Manager at 513-556-4900.

  • The daily crime log will record all crimes reported to UC Department of Public Safety, UCPD, and CSAs including the nature of the crime, date and time the crime occurred, date and time crime was reported, general location of each crime, and the disposition, if known. Crimes shall be entered in the crime log in the order that they are received. 
  • All entries shall be made within two business days of the initial report being made to the Department of Public Safety through the following sources: direct report to the department; campus security authorities; judicial affairs; and local law enforcement. 
  • If, within 60 days, new information becomes available about a reported crime, the crime log shall be updated. 
  • Information is not required to be disclosed in the daily crime log when: 
    • Disclosure of the information is prohibited by law; 
    • Disclosure would jeopardize the confidentiality of the victim; or 
    • 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 the information. 

F. Unfounded Crimes

Crimes are considered to be “unfounded” in the very limited circumstances in which a sworn law enforcement officer investigated the reported crime, and based upon the results of the full investigation, determined that the investigation and evidence show that the crime report was false and baseless. Only in those circumstances will the crime considered to be “unfounded” and the crime may be withheld or removed from the university’s statistics.

V. Timely Warning Notice and Immediate Notification

A. Timely Warning Notice

The Clery Act requires that UC notify the campus community of certain crimes and other emergencies that occur within the core campus boundaries (which includes university owned or controlled property on campus and public property that is within or immediately adjacent to the campus) and in non-campus properties as defined by the Clery Act. Although not required by Federal Law, additional notices may also be distributed for crimes that occur in areas outside of the Clery Act geographic areas, if the crime is deemed to pose an ongoing threat to the campus community.

A timely warning will be considered for distribution to the UC community for all Clery crimes that are 1) reported to a CSA, local police, or the UCPD; and 2) are determined by the university to represent a serious or continuing threat to the students and employees. The decision to issue a timely warning notice for an off campus crime will be made on a case by case basis depending on an assessment of various factors, which include but are not limited to: the nature of the crime, the exact location, the time of the incident, the local police response and guidance to campus officials and the potential direct effect on the campus community.

Timely Warnings must be issued as soon as the pertinent information is available. Timely Warnings are not necessarily limited to violent crimes or crimes against persons. A series of property crimes may also present a continuing threat to the campus community. The intent of the Timely Warning is to enable members of the campus community to protect themselves.

1. Crimes Requiring a Timely Warning

A timely warning (also referred to as a Safety Alert) notice will be distributed when it is determined that the incident may pose an ongoing or serious threat to members of the university community. These warnings will be distributed if the incident is reported either to UCPD directly or indirectly through a campus security authority or a local police agency.

The department issues/posts Safety Alerts for incidents of:

  • Murder/Non-Negligent Manslaughter;
  • Aggravated assault (cases involving assaults among known parties, such as two roommates fighting which results in an aggravated injury, will be evaluated on a case by case basis to determine if the individual is believed to be an on-going threat to the larger UC community); 
  • Robbery involving force or violence (cases including pick pocketing and purse snatching will typically not result in the issuance of a Safety Alert, but will be assessed on a case-by-case basis); 
  • Sexual Assault (considered on a case-by-case basis depending on the facts of the case, when and where the incident occurred, when it was reported, and the amount of information known by the UCPD); 
  • Major incidents of arson; or 
  • Any Clery crime occurring in the university Clery geography that is determined to pose a threat by the Chief of Police, or designee.
2. Information Included in a Timely Warning

A timely warning notice will typically include the following, unless issuing any of this information would risk compromising law enforcement efforts:

  • Date and time or timeframe of the incident; 
  • A brief description of the incident; 
  • Information that will promote safety and potentially aid in the prevention of similar crimes (crime prevention or safety tips); 
  • Suspect description(s) when deemed appropriate and if there is sufficient detail; 
  • Police/Department of Public Safety agency contact information; and 
  • Other information as deemed appropriate by the Chief of Police or designee.

The description of subjects in a case will only be included in the alert if there is a sufficient amount of detail to describe the individual. If the only known descriptors are sex and race, that will not be included in the alert. The name and identifying information of the victim will never be distributed in a timely warning.

3. Issuing a Timely Warning

In addition to information reported to the UCPD, the following will occur to ensure that timely warnings are issued when appropriate:

  • The Clery Compliance Manager or designee will review both UC crime reports as well as any reports shared by local law enforcement agencies on a daily basis to ascertain if any offenses require a Safety Alert. 
  • Every shift supervisor will monitor their shift, as well as external agency response, for offenses that may require a timely warning/safety alert. In the event that a response is made to an offense that may require a timely warning/safety alert, the shift supervisor will notify the Public Information Officer and Clery Compliance Manager.

Upon determining that a timely warning issuance is necessary, the Public Information Officer or designee, will prepare and issue the warning.

  • Timely warnings or safety alerts will be issued by blast email to all members of the campus community, utilizing the email list managed by UCIT for this purpose. 
  • Updates to the community about any particular case resulting in a safety alert may also be distributed electronically via blast email or posted on the university’s web site. 
  • Safety alerts may also be posted in campus buildings, when deemed necessary. When an alert is posted in campus buildings, it shall be printed on orange paper and be posted in the lobby/entrance area of the affected building(s) for seven (7) days.

The department does not issue Safety Alerts for the above listed crimes if:

  • The department apprehends the subject(s) and the threat of imminent danger for members of the UC community has been mitigated by the apprehension. 
  • If UCPD was not notified of the crime in a manner that would allow the department to post a “timely” warning for the community. A general guideline will include a report that is filed more than five days after the date of the alleged incident may not allow UCPD to post a “timely” warning to the community. This type of situation will be evaluated on a case-by-case basis. 
  • The event is not determined to be an ongoing threat by the Chief of Police or designee. 
4. Public Safety Advisories

Public Safety Advisories (also referred to as UC Aware) may be distributed for crimes (ex. a pattern of larcenies or vandalism cases) that do not rise to the level of causing a serious or continuing threat to the university community or for Clery crimes that occur outside of university’s Clery geography. In addition, they may be distributed for other safety concerns (mulch or cooking fires, etc.).

B. Immediate Notifications/Emergency Notifications

The Clery Act requires UC to have and disclose emergency response and evacuation procedures in response to a confirmed significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurring on the campus. This includes both criminal and non-criminal issues.

For an Emergency Notification to be issued, there should be a confirmed report of the emergency or dangerous situation. This means that a UC official has verified a legitimate emergency or dangerous situation exists. It does not mean that all the details are known or even available.

UC will consider an event to be a significant emergency or dangerous situation if there is imminent threat to life or safety of persons on the campus or UC property. This would include such things as a report of a shooting in progress, a warning of a tornado, a bomb threat, or a chemical spill.

For purposes of an Emergency Notification, an event will be considered to be occurring on campus when the incident is occurring on, or threatening the campus. An incident may be occurring near the campus that threatens the campus.

Issuing an Emergency Notification

  1. Emergency Notifications are issued via the UC Emergency Alert System (EAS). A full description of the EAS and its component parts is contained in the UC Emergency Operations Plan (EOP), and should be referenced. The EAS utilizes multiple communications paths, including voice announcements, text messaging, and email. Other communications paths are used for follow up communication, and are outlined in the EOP. 
  2. The UC 911 dispatcher, the shift supervisor, and the on-call administrator are all authorized to initiate an Emergency Notification. 
    1. The 911 dispatcher will normally initiate the Emergency Notification. If the shift supervisor or on-call administrator initiates the Emergency Notification, they will instruct the 911 dispatcher to begin the process. 
  3. The 911 dispatcher will make a voice announcement of the emergency, and give instructions to the building occupants as to what actions they need to take, using the pre-written scripts for the type of emergency. 
    1. If the emergency affects only one building (such as a fire, or chemical spill), this announcement will be only to the involved building. The voice announcement is the only stage of the EAS activated in this case. 
    2. If the emergency affects multiple buildings or an entire campus, the announcement will be made to all buildings on the involved campus. The voice announcement is then followed by the rest of the EAS activation. 
  4. The 911 dispatcher will send the Emergency Notification via text messaging (using Nixle system) to all user groups. 
    1. The text messaging platform is limited to 140 characters. 
    2. The dispatcher will use the pre-written scripts for the type of emergency to format the text message. 
  5. The electronic message boards throughout the university will display the Emergency Notification information. 
  6. If the emergency is ongoing in nature, follow up Emergency Notification messages will be sent every 15 minutes. 
    1. The follow up messages will confirm that the emergency is still ongoing, and that members of the campus community still need to take an appropriate action, such as remain in shelter. 
    2. The final follow up message will confirm that the emergency situation is resolved, and that the danger is past. 
  7. Should the incident be of a longer term nature, the on-call administrator will send any necessary updates via email to all members of the campus community, utilizing the email list managed by UCit for this purpose. 
    1. The email message will contain updates and more detailed information than can be sent via text message.

C. Emergency Preparedness Plan

In the event of a campus-wide emergency, the university’s detailed emergency preparedness plan provides notification instructions and operating procedures at http://www.uc.edu/publicsafety/staying-safe/preparedness.html. This web page provides access links to emergency alerts and procedures, as well as university resources and policies relating to emergency preparedness

1. Emergency Response

Anyone who notices a forthcoming or ongoing emergency should contact the Department of Public Safety, emergency response line by calling 513-556-1111 or 911.

Once such an emergency has occurred and has been confirmed by the Department of Public Safety and/or another law enforcement agency, the Emergency Operations Center (EOC) will convene and determine the scope of the incident. Upon their determination, the president of UC or designee will activate the Emergency Management and Continuity of Operations Plan. Once the emergency preparedness plan has been activated, the EOC will oversee the response team in conducting recovery and restoration operations. The EOC will fulfill many operational functions during an emergency and is the primary vehicle for implementing and managing the emergency response, and works within the incident command system in the event it is necessary to work with additional city, county, state, or federal agencies. The on-duty public safety supervisor is responsible for confirming that there is a significant emergency or dangerous situation and may initiate the emergency notification systems upon such confirmation.

UC will immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of faculty, students, or staff occurring on the campus. In a campus-wide emergency response, the EOC will, without delay and taking into account the safety of the community, determine the content of the notification and initiate the notification system, unless the notification will, in the professional judgment of the EOC, compromise efforts to assist victims or to contain, respond to, or otherwise mitigate the emergency. The Department of Public Safety will work in concert with the EOC to provide a coordinated and effective response to the university community. 

2. UC Alerts

The university operates a campus notification system, UC Alerts, which will provide immediate text alerts and updates to students, faculty, and staff, with information and instructions, if there is an emergency. The Department of Public Safety will use these text alerts to notify the campus community of the nature of the emergency and procedures to follow. Because we can send the alerts to any cell phone or email address regardless of physical location, parents find them an invaluable resource for keeping informed if an emergency occurs on campus. UC Alerts work in conjunction with local alarm systems (such as fire alarms) and indoor / outdoor mass notification systems.

In the event of an emergency, any or all of UC’s notification capabilities mentioned herein can be utilized simultaneously. All enrolled UC students are automatically enrolled in the UC Alert system. Faculty and staff are enrolled when they complete and/or update their directory listing by including their cell phone numbers. Visitors and other community members can sign up to receive the alerts through the Department of Public Safety’s Campus Safety Network, which is powered by Nixle. Access to the Campus Safety Network is available on the Department of Public Safety’s website under the Records and Reports tab. The UC Emergency Preparedness website, http://www.uc.edu/publicsafety/stayingsafe/preparedness.html, also contains numerous resources for emergency planning (e.g., shelter-in-place and mass-care procedures). 

3. Shelter in Place

In certain emergency situations, the campus community may be advised to “shelter in place” to avoid or minimize exposure to outside risks. Risks could include chemical or radioactive releases and some weather-related emergencies.

If an incident occurs and the buildings or areas around you become unstable, or if the air outdoors becomes dangerous due to toxic or irritating substances, it is usually safer to stay indoors, because leaving the area may expose you to that danger. Thus, to “shelter in place” means to make a shelter of the building that you are in, and with a few adjustments this location can be made even safer and more comfortable until it is safe to go outside.

Once shelter-in-place instructions have been communicated, students, faculty, and staff should stay in the same building they were in when they first received the message. If they are outside, they should go to the nearest building and await further instructions. While it may be advisable to shelter in place in certain situations, no one can be forced to do so. Campus community members who choose not to shelter in place should vacate the premises immediately, so the building can be secured as soon as possible

D. Emergency Notification for UC Students with Disabilities

Students with disabilities are oriented to all procedures related to their safety in all university buildings, including residence halls and academic buildings, during an intake meeting with an academic counselor in the Disability Services Office. Students participate in a required intake meeting when they request reasonable accommodations. Information about the Disability Services Office can be found at http://www.uc.edu/aess/disability.html or by calling 513-556-6823.

A member from the Disability Services Office (DSO) meets with students during their intake process and discusses the general emergency procedures. DSO and the housing department will discuss emergency procedures in further details with students who have mobility or sensory disabilities.

The DSO, in coordination with Housing and Food Services, creates and updates an emergency evacuation list that includes the names of students with disabilities, their residence hall and room location, and type of disability. 

E. Emergency Notification for UC Guests

Visitors to campus can prepare for emergency or dangerous situations on campus and the surrounding area before they happen, so they can access up-to-the-minute alerts and advisories, by taking the following proactive steps:

  1. Follow the Department of Public Safety on Twitter @ucpublicsafety. (Anyone can create a free Twitter account at twitter.com or download the free Twitter mobile app.) 
  2. Register for text alerts and Twitter feeds from the following local and regional jurisdictions: 
    1. City of Cincinnati Police @cincinnatipd 
    2. Safer Ohio App - Ohio’s multi-function, mobile public safety tool for reporting suspicious activity, requesting emergency or roadside help, and monitoring traffic conditions. Get it at the App Store or on Google Play. 
  3. Contact the Department of Public Safety directly at 513-556-4900 – For those UC guests who do not have access to a smartphone or are unable to join Twitter. 
  4. Visitors and other community members can sign up to receive UC alerts through the Department of Public Safety’s Campus Safety Network, which is powered by Nixle. Access to the Campus Safety Network is available on the Department of Public Safety’s website under the Records and Reports tab.

VI. Campus Security and Access to Buildings

1. Blue Light Help Phones

Blue light help phones are located throughout campus for safety purposes. Through this device, persons can be automatically connected with UC dispatch. UC has over 200 blue light help phones or emergency phones throughout campus. For assistance with locating the blue light help phones closest to your classes, college, job, etc. or along your path throughout campus, contact the Department of Public Safety at 513-556-4900.

2. Campus

UC is a public institution and therefore has an open environment that allows individuals to move freely around the campus. This open environment makes all members of the university community responsible for immediately reporting suspicious activity to the Department of Public Safety. Report of suspicious incidents, activities, or persons to the UCPD (6-1111 on campus, 911 off campus) as soon as possible. Individual vigilance is essential in helping the Department of Public Safety promote campus safety and reduce campus crime.

3. Outside Athletic Facilities

The outside athletic facilities and adjacent unlit areas are closed at dark, unless otherwise being utilized for a UC sporting event or practice. University police officers may question individuals observed using the field after hours, displaying suspicious behavior, or suspected of unlawful acts. The Department of Public Safety stresses that individuals should not hesitate to contact the department with any suspicion regarding their own or someone else’s safety.

4. Academic and Administration Buildings

Typically, academic and administration buildings are open during regular business and class hours. Instructional facilities are generally open from 7 a.m. to 11 p.m., Monday through Friday, with modified weekend hours. The functional usage of the building may necessitate the building being open 24-hours a day/ 7 days a week, such as medical facilities, computer labs, libraries, etc. Other areas may be open for 24-hour use during exam periods or for other special needs. UCPD officers lock and unlock exterior building entrances in accordance with the building’s schedule. They admit individuals to locked buildings and areas only if the individuals have valid identification and written authorization. Most university buildings are open during normal university business hours. For more information about the exact hours of a building, please contact the department that you wish to visit.

5. Student Housing

On-campus student housing is locked 24 hours per day, with an electronic system controlling access. Residents and visitors must enter through the main entrance only. Residents use an access card to open the building door. Visitors must be escorted by a resident. While the university makes every effort to prevent access by uninvited visitors, residents must also take an active role in that effort. Residents should report strangers to the hall staff and avoid holding doors open for nonresidents to enter. Residents are held responsible for the actions of their guests. We encourage students to lock their room doors at all times.

UC provides off-campus student housing at multiple locales around Cincinnati. While these buildings are not located on any UC campus (and may be only partially leased through UC), the university employs full-time Resident Assistants who reside in the building. Residents of the university-provided housing must comply with the university’s Student Conduct Code, including Drug and Alcohol Policies. All criminal activities at these locations should be reported to UCPD and Residence Hall staff, if there is student involvement.

6. Students Living Off-Campus, Non-University Housing

When a UC student is involved in an off-campus offense, university police officers may assist with the investigation in cooperation with local, state, or federal law enforcement. University police may patrol off campus areas to assist local law enforcement agencies. Cincinnati Police and other agencies surrounding UC’s campuses routinely work with and communicate with university police regarding any serious incidents occurring in the immediate areas surrounding the campuses. Criminal activity reported to the UCPD by other police agencies may also be referred to the Judicial Affairs office for disciplinary action under the Student Code of Conduct. (The Student Code of conduct is attached hereto as Appendix E). Many students live in the neighborhood surrounding the Uptown campus, which is under the primary jurisdiction of the Cincinnati Police.