Applies to:	Original Policy Date:	Date of Last Review	Approved by:
All Florida Tech campuses	02/26/2021	1/18/2023 07/01/2024	Dr. John Nicklow, President

Policy Owner: Department of Security

Policy Purpose

The purpose of this policy is to describe the requirements and responsibilities of the university in complying with the issuing of Timely Warnings in accordance with the "Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998," (commonly referred to as the Clery Act).

Policy Statement

Florida Tech is committed to maintaining a safe and secure environment for its faculty, staff, students, and visitors by maintaining Clery Act Compliance.

Procedures/Guidelines

The University will issue a Timely Warning to the campus community for Clery-reportable crimes occurring on the University’s Clery Act geography that are reported to Campus Security Authorities or local police agencies, and that are considered by the University to represent a serious or continuing threat to students and employees. These will be released as soon as pertinent information is available.

Clery Reportable Crime means: crimes required by the Clery Act to be reported annually to the University community, including: criminal homicide (murder and non-negligent manslaughter and manslaughter by negligence); sex offenses (rape, fondling, statutory rape, and incest); robbery; aggravated assault; burglary; motor vehicle theft; arson; hate crimes (including 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) weapon law violations.

Clery Act geography, in general, means: on-campus buildings or property, including residence and other student housing complexes, which are owned or controlled by the University; non-campus property, which means (1) any building or property owned or controlled by a student organization that is officially recognized by the institution (this does not include unaffiliated or unrecognized student organizations); or (2) any building or property owned or controlled by an institution 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; and certain public property within or immediately adjacent to campus.

Whether an incident constitutes a serious or continuing threat to students and employees is a case-by-case determination. In general, this means that there is a risk of students or employees becoming victims of a similar crime. For example, if a robbery is reported on campus and the alleged perpetrator has not been caught, the risk is there. If the alleged perpetrator was apprehended, there may be no continuing risk if the perpetrator acted alone. Other questions that may be asked are: does a criminal incident appear to be a one-time occurrence, or does it fall into a pattern of reported crimes?

Circumstances for a release a Timely Warning:

At Florida Tech a Timely Warning will be issued when (1) a Clery Reportable Crime occurs on Clery Geography; (2) the Clery Reportable Crime is reported to Campus Security Authority or local police; (3) the Clery Reportable Crime is considered to represent a serious or continuing threat to University students or employees; and (4) the Timely Warning will aid in the timely prevention of similar acts.

Clery Reportable Crimes. Typically, Clery Reportable Crimes such as arson; aggravated assault; criminal homicide; robbery; burglary; rape, fondling, incest, statutory rape; and hate crimes may initiate a Timely Warning. However, as necessary, and at the discretion of the Director of Security or designee, Timely Warnings may be issued for other non-Clery Reportable crimes if they pose a serious or continuing threat to University students or employees.

Exceptions. The University will not provide a Timely Warning with respect to crimes reported to a pastoral or licensed mental health counselor.

Victim Information. Timely Warnings will be distributed in a way that withholds as confidential the names and other identifying information of victims.

Factors for a Timely Warning. In determining whether to issue a Timely Warning, the following factors will be considered:

1. The nature of the crime, including whether it was an isolated incident or something that poses a continuing threat, whether violence was part of the crime, whether there were multiple victims, whether any victims were minors, and whether a suspect utilized drug(s) as part of the crime;
2. The continuing danger to the University Community, including whether members of the university community are at risk of becoming victims of a similar crime, whether the alleged perpetrator has been apprehended; whether there were multiple perpetrators and some have not been apprehended; whether the perpetrator(s) has a history of non-compliance with university issued directives, such as a trespass notice; whether the perpetrator(s) has a history of violence; and whether there are signs of a pattern of crimes;
3. The possible risk of compromising law enforcement efforts, including whether specific information should be included or omitted given law enforcement efforts, such as investigatory actions being undertaken.

Responsibility for a Timely Warning. The Director of Security will be responsible for issuing a Timely Warning in consultation with the appropriate personnel involved in Clery compliance. The Vice President for External Affairs and Strategic Advisor to the President will be responsible for assisting in the delivery of the Timely Warning to members of the university community. For these reasons, CSA’s and local law enforcement should report Clery Crimes to the Florida Tech Department of Security immediately upon receipt of such a report.

Dissemination of a Timely Warning. Timely Warnings will be disseminated in a manner reasonably likely to reach the members of the university community and allow for them to take appropriate steps to protect themselves. Specifically, Timely Warnings may be issued in many ways, including, but not limited to:

• Florida Tech home page posting
• University alert system
• Email (University distribution lists)
• Posters and/or flyers

Content of a Timely Warning. The following information is typically included in a Timely Warning if available:

• The type of crime reported, including any specific information related to the potential serious or ongoing threat;
• The persons or locations that might be affected;
• Any connection to a previous incident or incidents, if any;
• Description of the suspect or suspects;
• Date and time the warning was released;
• Any other relevant information that may be applicable to the crime; and
• Any applicable safety tips specific to the crime or threat involved.

For instances in which a timely warning is not required, Florida Tech Department of Security may choose to issue a “Community Notice” notifying the university community of the issue. The content of a community notice may vary depending on the type of incident reported and the location in which it occurred.

Compliance Reference

Complying with the "Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998," (commonly referred to as the Clery Act).

Responsibilities

The Director of Security will be responsible for issuing a Timely Warning in consultation with the appropriate personnel involved in Clery compliance. The Vice President for External Affairs and Strategic Advisor to the President will be responsible for assisting in the delivery of the Timely Warning to members of the university community. For these reasons, CSA’s and local law enforcement should report Clery Crimes to the Florida Tech Department of Security immediately upon receipt of such a report.

Enforcement

Failure to comply with and abide by the rules and regulations set forth in policy may give rise to disciplinary action, up to and including separation from the University.