Clery Act Compliance

Timely Warning Notification

Stephen F. Austin State University will make timely warning reports to the campus community of the incidents that pose a potential threat to students, faculty, staff, and other members of the university community. Such incidents include, but are not limited too, weather, arson, burglary, criminal homicide, robbery, or sex offenses. In these situations, an alert may be developed in a variety of ways. The Chief of Police or his designee will make a decision on the most effective and timely method of notification. Such warning may include, but are not limited too, the following information; type of crime committed, date, time and location of crime, as well as available suspect information and safety tips. To view the Timely Warning Procedure and other safety information, go to http://www.sfasu.edu/campussafety/.

Identification

It is advisable that members of the university community have identification them at all times. The Stephen F. Austin University Board of Regents has the authority under Texas law to enact rules and regulations governing the conduct of all persons on campus. The Stephen F. Austin State University Police are commissioned peace officers and are empowered by the Regents to stop any person on campus for the purpose of obtaining identification. Persons without legitimate business on campus may be asked to leave. Section 51.209 of the Texas Education Code states that "The Governing board of a state institution of higher education or its authorized representatives may refuse to allow persons having no legitimate business to enter on property under the board's control, and may eject any undesirable person from the property on his refusal to leave peaceably on request. Identification may be required of any person on the property."

Student Rights and Responsibilities

Students are expected to maintain standards of personal discipline that are in harmony with the educational goal of Stephen F. Austin State University, to observe federal, state, and local laws, University regulations, and to respect the rights, privileges, and property of others.

Facilities Maintenance and Security

Students residing in University owned residence halls may not prop open, or in any manner alter a door so that it will not properly close/lock. Any maintenance deficiencies which may compromise building security in a residence hall should be reported immediately to the Director of Housing or Resident Hall staff, or the University Police Department. Students are not to admit unauthorized or uninvited persons into the resident halls. Any maintenance deficiencies which may compromise building security in any building other than a residence hall should contact the appropriate office in the building, or the University Police Department. Although routine lighting surveys are conducted to ensure that there is adequate lighting on the University campus, any person noting deficiencies in campus lighting that may comprise safety or security on the campus, should notify the University Police Department or the University Physical Plant Department.

Crime Prevention Programs

The University Police Department officers a wide variety of crime prevention programs to our community members. These courses are offered numerous times a semester either by a pre-scheduled course or upon request by any person or group. Persons or groups requesting that a course be taught can customize the course to cover one or several topics. This is done by contacting the University Police Department at (936)468-2608. The courses offered, include;

Personal Safety Awareness – teaches people to be more aware of there surroundings including location, people, possible escape routes, emergency call phones, and safe paths of travel. University services are also discussed such as personal escorts by vehicle or on foot.
Residential and Office Security – teaches our community members basic safety protocols to follow in securing their personal items, locking their doors when the room is not being occupied or even if occupied, not to leave personal items unattended in classrooms, gymnasiums, cafeteria’s, or walking tracks.
Sexual Assault Awareness – Informs persons of the potential dangers of leaving drinks unattended at clubs or parties, not going out alone, use the buddy system, and knowing where you are going and who you are going with.
Rape Aggression Defense (RAD) – A course taught free of charge to anyone interested. This course provides attendees with information, tactics, and considerations which will be useful for various types of abductive encounters perpetrated against women.
Drug and Alcohol Awareness – A course taught to educate attendees to the effects of drug and alcohol use. The attendee is made aware of how the use will effect their academic status, possible disciplinary sanctions imposed, and possible criminal charges that could be filed in criminal courts.

Crime Prevention Tips

If a crime is to be committed, the offender must have the desire, ability, and opportunity to commit crime. Law enforcement can do little to remove the offender's desire and ability, and opportunity to commit crimes, but together we can remove the element of opportunity. THIS IS CRIME PREVENTION.

You can remove the temptation of opportunity by taking a few simple precautions.

PROTECT YOUR PROPERTY:

Lock your door every time you leave-even for short trips down the hall (for instance, to visit your neighbors or coworkers).
Do not leave valuables lying out in the open.
Engrave your driver's license number on all valuable property (Operation ID)
Record the serial numbers and brand names of all property.

PROTECT YOURSELF:

Lock your door when you take a nap or retire for the evening.
Require identification before admitting someone unfamiliar into your room.
Don't walk alone at night. Stay on lighted walkways and use the Police Escort Service.
Report suspicious people or circumstances. Stop a crime before it happens.
Offer your confidential assistance to the University Police.

Sexual Assault

Pursuant to the Higher Education Amendments of 1992 (Public Law 102-325), generally referred to as the Sexual Assault Victim's Bill of Rights, it becomes important to promote the reporting of all sex-crime violations as well as to outline the procedure to facilitate the reporting of all alleged violations. Therefore, students, faculty, and staff are hereby informed of the following programs and options.

Sexual assault is generally defined as attempted or actual unwanted sexual activity (Sandler, 1993).

"FORCIBLE AND NONFORCIBLE" SEX OFFENSES:

A forcible sex offense is "any sexual act directed against another person, forcibly and or against that persons 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. Depending on the circumstance rape could be in either category.

EDUCATIONAL PROGRAMS:

Various programs addressing sexual assault, date rape, and related issues are presented throughout each academic year. There programs are conducted primarily by the University Police Department (UPD), Student development, and the Housing Department.

Procedures for Reporting an Offense

In those instances where sexual assault is alleged, the victim is STRONGLY encouraged to report the incident immediately. The campus offices authorized to deal with sex crime referrals are the University Police Department, the Office of Judicial Affairs, and the Human Resources Department. By contacting one of these offices, the victim will be given specific information as to how to go about bringing formal charges against the accused. The procedure for an on campus disciplinary action would be the same as those outlined in the Student Handbook for any alleged violation of the Student Code of Conduct. In addition, the student may pursue the possibility of criminal action by contacting the University Police Department. It should be stressed that the preservation of evidence is critical for criminal prosecution. Students are hereby advised that they have the option of pursuing their allegations through the Office of Judicial Affairs, under the Student Code of Conduct, or the University Police Department in light of certain criminal and/or civil laws and requirements, or both. This does not constitute double jeopardy. Ultimately, it is the victim’s option as to whether or not he/she wishes to pursue allegations by both authorities.

All persons within the University community are encouraged to report criminal acts to the University Police Department, Office of Judicial Affairs, or other defined University official in a timely manner. This will ensure that the criminal acts are investigated to their fullest extent and referred to the criminal courts, Office of Judicial Affairs, or both. If a person wishes to make an anonymous tip to law enforcement officials concerning a criminal act committed or suspicious activity, they may do so by contacting the University Police recorded tip line at (936)468-TIPS (8477). The user should be aware that this means of reporting is not for emergency notification. To report an emergency the caller should dial 911 from any campus phone or dial (936)468-2608 to speak directly to a Communications Officer.

A defined University official, who has significant responsibility for students and campus activities include, but not limited to, is as follows;

Vice President of University Affairs
Dean of Student Affairs
Director of Student Affairs
Director of Student Activities
Director of Housing, including all Resident Hall staff
All Head Coaches and Assistant Coaches for all areas of Athletics
Athletic Director and Assistant Athletic Directors

An official is defined as any person who has the authority and duty to take action or respond to particular issues on behalf of the institution.

The intent of including not-law enforcement personnel as campus security authorities is to acknowledge that many people, students in particular, are hesitant about reporting crimes to the police, but may be more inclined to report incidents to other campus officials. Person’s making reports to mental health and/or pastoral officials are treated as confidential, but you are encouraged to report any and all incidents to the University Police Department for investigation.

Reporting of Crimes that Occur Off-Campus

The University Police Department makes a good faith effort to stay informed of all criminal activity involving students at off-campus locations and areas adjacent to the University campus. All persons are encouraged to report any criminal activity or suspicious activity to the city or county law enforcement agencies that occur off campus.

Hate Crime

Hate Crimes are criminal acts committed against persons were evidence shows the victim was intentionally selected because of the victims actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability.

Possible Sanctions

Depending upon the severity of the incident, those persons found guilty of a sex-crime would be subject to a range of penalties; e.g., referral to the Counseling Center, suspension or dismissal from the University, as well as other sanctions outlined in the Student Handbook. In addition, if a given incident is referred to the criminal courts and if the accused is found guilty, the typical range of sanctions available is that afforded by the Texas Penal Code. Both the accused and the accuser are entitled to have others present during the campus disciplinary hearing. The outcome of the hearing will be made available to the accused and the accuser.

Changing Academic and /or Living Arrangements

When appropriate, academic and/or on-campus living arrangements may be modified as the direct result of a sexual assault. This action may be taken when requested by the victim and if such modifications are reasonably available. These arrangements would be coordinated thorough the University Police Department.

Counseling Services

Those students who have become victims of a sex crime or any other crime are eligible for and encouraged to take advantage of the counseling services offered by the Counseling Department. Information will also be made available to victims of sex crimes of off campus resources that can assist them, such as additional counseling resources, crime victim advocates, and health professionals.

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