University right-to-know, campus security act

Policies

Access to University facilities is limited to members of the Concordia community. To ensure this, Security has established the following guidelines:

Access to Academic and Administrative Buildings

All academic and administrative buildings are locked in the evening and on weekends, according to the scheduled use of the facilities. Access to these facilities is limited to students, faculty and staff as well as guests and visitors conducting official University business.

Access to Residence Halls

Concordia University provides student housing in traditional-style residence halls, apartments and suites. Access to the residence halls is limited to students and their guests. Students must carry Concordia University ID at all times and swipe their card in a card reader in order to enter residence halls.

Maintenance Services

Maintenance and Buildings and Grounds maintain the University buildings and grounds with an emphasis on safety and security. It responds immediately to reports of potential safety and security hazards such as broken windows and locks. Security assists Buildings and Grounds personnel by reporting possible hazards.

Alcoholic Beverages

Concordia University encourages and sustains an academic environment that respects individual freedoms and promotes the health, safety, and welfare of all community members. Possession and/or consumption of alcoholic beverages are not permitted on property owned or controlled by Concordia. A full statement of the University’s alcohol policy is published in the Concordia University, Nebraska Student Handbook. Copies are available upon request from the Student Life Office or Concordia University’s web page, www.cune.edu. For more information, call (402-643-7411).

Illegal Drugs

Any person found responsible for illegal possession, distribution, sale, and/or consumption of any controlled substance is subject to disciplinary action by the University and may be referred to the appropriate external authorities. These violations can result in loss of scholarships and grants. One also may be suspended or expelled from the university. Under federal and Nebraska State laws, these violations may result in penalties ranging from fines to imprisonment.

Drug/Alcohol Education Programs

Student Services serves as a resource to all Concordia University students regarding issues related to drug and alcohol intervention and education. The Student Life Office is involved with alcohol and drug education each time a student is referred through the University’s judicial system. Sanctions range from educational online classes on the topic of alcohol and drug use for first time offenders to suspension or expulsion for repeat or serious violations of the policies. The counseling office is available for informal counseling regarding students who may be experiencing problems with alcohol and/or drugs. Students may then be referred for a formal assessment and follow up treatment plan. Students may also utilize the Counseling Center or the Health Center for assistance with alcohol and/or drug issues. Proactive measures taken by Student Services include supporting annual events such as National Collegiate Alcohol Awareness Week, distributing literature to students and student leaders as it relates to the topic of drug and alcohol use, and collaborating with other departments within the Concordia Community to support on-going educational efforts and non-alcoholic social programs for the entire student body. The Student Life Office sponsors non-alcoholic social programs for students who reside on campus and each Resident Assistant has an opportunity to sponsor educational programs related to the topic of drugs and alcohol. The Weekend Of Welcome orientation for new students at the beginning of the school year addresses the issue of alcohol and drug use.

Timely Notice/Safety Alerts

To help prevent crimes or serious incidents, Security, in conjunction with other departments on campus, issues safety alerts in a timely manner to notify community members about certain crimes in and around our community. Members of the community who know of a crime or other serous incident should report that incident as soon as possible to Security so that a Safety Alert can be issued, if warranted.

Distribution of Safety Alerts

Security distributes Safety Alerts in various ways. Notice of the crime can be e-mailed to all persons with a Concordia University e-mail account, posted in academic buildings and residence halls, or through CUNEAlert (Concordia’s emergency communication system).

Daily Crime Log

Security maintains a Daily Crime Log that records, by the date the incident was reported, all crimes and other serious incidents that occur on campus, in a non-campus building or property, on public property. The Daily Crime log is available for public inspection at the Security Office.

Criminal Acts

The victim of an alleged crime should report the incident to Campus Security. Victims of crimes will be assisted in filing their complaints with the Seward Police and Student Life. Security will also assist the crime victim in obtaining medical and/or counseling services, if necessary. University Counseling Services, located in the Janzow Campus Center, will provide counseling for students. For more information about the Counseling Services, please call 402-643-7398. If a student is charged with a felony, a Student Conduct Board will be convened. After the Student Conduct Board Hearing concludes in which all pertinent information has been received, the Student Conduct Board shall determine (by majority vote if the Student Conduct Board consists of more than one person) whether the accused student has violated each section of the Student Code which the student is charged with violating. The Student Conduct Board's determination shall be made on the basis of whether it is more likely than not that the accused student violated the Student Code. Formal rules of process, procedure, and/or technical rules of evidence, such as are applied in criminal or civil court, are not used in Student Code proceedings.

Campus Sex Crimes Prevention Act

The federal Campus Sex Crimes Prevention Act, enacted on October 28, 2000, went into effect October 28, 2002. The law requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice, as required under State law, of each institution of higher education in that State at which the person is employed, carries on a vocation, volunteers services or is a student. The Nebraska State Patrol maintains the State’s Sex Offender Registry which contains information about individuals convicted of certain sex offenses. This information is available on the web at http://www.nsp.state.ne.us/SOR/find.cfm.

Sexual Assaults

Acts of sexual violence, assault or abuse such as rape, acquaintance rape or other forms of nonconsensual sexual activity will not be tolerated at Concordia University. Such acts are criminal behaviors and create an environment contrary to the goals and missions of the University. It is important for members of the campus community to be aware that there can be serious legal consequences for certain sexual conduct. In a campus setting, sexual assault often occurs when one or both parties are under the influence of alcohol or other drugs. Therefore, it is important to understand that intercourse or other sexual activity with a person who is unable to give free and full consent (e.g., because of intoxication, substance abuse, or intimidation) may constitute sexual assault or rape. Furthermore, the offender’s use of a mind-altering substance does not in any way diminish his or her responsibility for abusive behavior. There are several measures that you can take to reduce your chances of being a victim of sexual assault. (See "Safety Tips," below).

Sexual assault refers to rape, sodomy, sexual abuse and other nonconsensual sex offenses, which are serious crimes under Nebraska State law. Rape is committed when any person engages in sexual intercourse by forcible compulsion or not by forcible compulsion when the victim is physically, mentally, or legally incapable of giving consent. Other sex offenses under Nebraska State law involve unwelcome physical contact with a person’s genitals, buttocks or breasts. In all cases, the force need not be overtly violent. The threat of force that places a person in fear of immediate death, physical injury, or kidnapping may be sufficient. Criminal penalties in Nebraska for all such acts vary according to the circumstances, but can include prison sentences of up to 25 years. In addition, a Concordia University student who is found to have committed rape, sexual assault, or other sexual offense is subject to disciplinary action that can include probation, suspension, or expulsion. Rape is a felony.

If You Are the Survivor of a Sexual Assault…

Your safety and well being are of paramount importance. Survivors of sexual assault are encouraged to take the following actions immediately:

1. Go to a safe place.
   
2. Contact or have a friend contact Security at 402-643-3033.
   Security will assist you in reporting the crime to the police and in getting medical and     counseling services.
   
3. Do not touch any evidence or straighten up the area where the assault occurred.
   
4. Do not shower, bathe, douche, brush your teeth, use mouthwash, comb your hair or change your clothes, as these actions will destroy evidence of the attack.
   
5. Go to a hospital emergency room. Medical evidence for use in a criminal prosecution of a criminal offense is collected at the hospital. NOTE:You are NOT obligated to press charges just because you consent to this procedure; however, this evidence is very important should you later decide to prosecute. Security or the police will provide transportation if needed. Bring a full change of clothing because the clothes you were wearing at the time of the attack may be kept as evidence.
   
6. Do not blame yourself.

Survivor’s Bill of Rights

1. Survivors have the right to be treated with dignity and seriousness by campus personnel.
   
2. Survivors of crimes against one’s person have the right to be reasonably free from intimidation and harm.
   
3. University personnel shall be encouraged to inform a survivor that they are not responsible for crimes against their person.
   
4. Survivors shall be made aware of existing counseling and other student services that are available, both on and off campus.
   
5. Survivors shall be entitled to the same support opportunities the University permits the accused in a campus disciplinary proceeding, which includes the opportunity to have others present during a disciplinary proceeding (see the Concordia University Student Handbook for further information).
   
6. Both the survivor and the accused shall be informed of the outcome of any disciplinary proceeding brought alleging a sex offense. This includes the final determination of the proceeding and any sanction imposed against the accused. The sanctions that may be imposed are detailed in the Concordia University Student Handbook.
   
7. Any survivor who does not wish to remain in his or her present residence hall or class section may be granted a transfer to any available housing or class section, upon request, if reasonably available.

Educational Programs

Educational programs to promote the awareness of rape, acquaintance rape, and other forcible and non-forcible sex offenses are conducted for entering students during the New Student Orientation, Weekend of Welcome and in the residence halls throughout the academic year. These programs are open to the entire Concordia University community. For additional information, please contact the Student Life Office 402-643-7411.

Emergency Response and Evacuation Procedures

If you witness or are involved in an emergency at Concordia University, call for emergency services by dialing 911 or security at 402-643-3033.
When 911 or Campus Security is called personnel are dispatched to the scene, and appropriate services are notified.

Emergency Response

The emergency response plan designates Campus Security as the initial contact for reporting all emergency situations and for response to and resolution of all emergencies. Upon receiving the report of an emergency, the Director of Environmental Health and Safety or designee will make the initial judgment about the level of response required and will communicate with appropriate personal as outlined in the university safety plan.

A significant source for emergency information is CUNEAlert which is Concordia’s emergency notification system. During an emergency appropriate for CUNEAlert, students will be notified from their cune.org email account and their dorm room corded phone. Students are given the opportunity to provide other contact information (cell phone number and/or an alternate e-mail address) by going to the “connectCUNE portal” under the New Student Tab, then Banner Self-Service, and then Personal Information.  For more information about CUNEAlert please visit http://www.cune.edu/cunealert.

The CUNEAlert emergency notification system is tested annually.

In the event of an emergency, other types of communication will be used as outlined in the Campus Safety Plan http://www.cune.edu/safetyplan.  

Evacuation Procedures

Evacuation is necessary when any building becomes uninhabitable because of an event such as a fire, flooding, gas leak, contamination, pandemic flu, extreme weather conditions or the loss of critical services. The response depends on the extent of the emergency. Concordia community members should familiarize themselves with the evacuation routes posted in the buildings that you live in or use frequently. If an evacuation order is issued for your building, fully cooperate with Public Safety/emergency personnel and:

• Take keys, wallets and essential belongings with you
• If possible wear weather appropriate clothing
• Do NOT use elevators
• Close, but do NOT lock doors
• Provide assistance to those with physical disabilities
• Evacuate in a safe and orderly fashion to the nearest staging area (as determined by university personnel) and await additional instructions.

General Evacuation Procedure

Public Safety Officers will decide whether immediate evacuation is necessary. Evacuees will be moved to a staging area where University personnel will conduct a census to establish that the evacuation is complete.

Evacuation of Individuals with Physically Disabilities

Public Safety Officers will assist individuals with physical disabilities in an evacuation, making every attempt to lead them to safety.

If you have a disability that could impair your ability to perform any of the above:

• Please inform Security or the ADA Coordinator of your circumstances upon arrival to campus and request a meeting to discuss any special emergency response accommodations needed.

If you are a resident student:

• Please note that a master list of all resident students requiring assistance during a building evacuation is maintained by the Student Life Office. Please contact your Resident Assistant to insure inclusion on that list.

Any student may:

• Call Security (402-643-3033) or 911 and tell them where you are and what assistance is needed.
• Notify their professor that assistance will be needed if an evacuation is deemed necessary.

More on the university safety plan and emergency evacuation procedures can be found at www.cune.edu/safetyplan Chapter 24, section 9.

How to Report an Incident

All members of the campus community are urged to report criminal incidents, emergencies, and suspicious activity. Security is available to accept reports from students, staff and faculty 24 hours a day, seven days a week. The campus emergency number is 402-643-3033 and should be used for all fire, medical, and police emergencies. Concordia University makes every effort to ensure that students and others can easily report criminal actions or emergencies. These reports can relate to incidents or emergencies that occur either on or off campus.
In addition, incidents can be reported at Security office located in the Maintenance Building or the Student Life Office.

When reports are received, the following actions are taken:

• Students, faculty and staff are encouraged to report all crimes to the police and are assisted in doing so. Victims are referred to the appropriate offices/agencies on and off campus, including health/medical services and judicial affairs.
• A summary of reported incidents is sent to the Dean of Students Office for review and follow-up with students.
• A summary of reported incidents concerning staff and faculty is sent to the appropriate administrative or academic departments for review and follow-up.
• Security distributes information on campus crime to the University community through the campus media. In the event of serious crimes on or off campus, such as robbery or assault, Security immediately distributes safety alerts to the Concordia Community.

Missing Student

The following policy and procedure has been established to assist in locating Concordia students living in Concordia owned on-campus housing who, based on the facts and circumstances known to Concordia are determined to be missing.

Anyone who believes a student is missing should report their concern to Security or Student Life. Every report made to the Security will result in an investigation when it has been determined that the student has been missing for 24 hours.

At the beginning of each academic year, students residing on-campus will be asked to provide, on a voluntary basis, emergency contact information in the event he/she is reported missing while enrolled at Concordia.
This information will include the following:

• Students have the option of identifying an individual to be contacted by Concordia not later than 24 hours after the time the student has been determined to be missing. Students can register this confidential contact information through the Student Life Office.
• If the student is under 18 years of age, and not an emancipated individual, Concordia is required to notify a custodial parent or guardian not later 24 hours after the time that the student is determined to be missing.
• Concordia will notify the appropriate law enforcement agency no later than 24 hours after the time that the student is determined to be missing.
• If Concordia Security or law enforcement personnel has been notified and makes a determination that a student who is the subject of a missing person report has been missing for more than 24 hours and has not returned to campus, Concordia will initiate the emergency contact procedures in accordance with the student’s designation.

Concordia will follow the following notification procedure for a missing student who resides in on-campus housing:

• Once Concordia receives a missing student report via the Student Life Office or Security, or other source, the following offices will be notified:
• Security
• Student Life
• Any official missing person report relating to this student shall be referred immediately to Security.
• If Security/Student Life, after investigating the official report, determines the student has been missing for more than 24 hours, Concordia will contact the individual identified by the student, the custodial parent or legal guardian if the student is under 18 and not emancipated, or local law enforcement if these do not apply.

Upon notification from any entity that any student may be missing, Concordia may use any of the following resources to assist in locating the student. These resources may be used in any order and combination.

• Student Life Staff may assist in physically locating the student by entering into the student’s assigned room and talking with known associates.
• Security/Student Life may search on campus public locations to find the student (library, cafeteria, etc.).
• Security/Student Life may use an ID picture to assist in identifying the missing student.
• Student Life may try to contact known friends, family, or faculty members for last sighting or additional contact information.
• Academic departments may be contacted to seek information on last sighting or other contact information.
• Security may access card access logs to determine last use of the card and track the card for future uses.
• Security may access vehicle registration information for vehicle location and distribution to authorities.
• Computing Services may be asked to look up email logs for last login and use of Concordia email system.
• If there is any indication of foul play, the local police department will immediately be contacted for assistance.

Preparation of the Annual Campus Safety Report

Security compiles statistics for the annual report based on incidents reported directly to the local police, Security, and other university officials with significant responsibility for student and campus activities. The statistics represent activity both on campus and on streets adjacent to campus property. A map, which defines the Concordia University campus, appears in this report. Reported On-Campus offenses include all offenses within the campus area that occur in campus buildings or property, including residence halls. A specific breakdown of offenses occurring in university owned residence halls on campus appears under Residential Facilities. Incidents occurring in any campus building or on campus property that is not within the same reasonably contiguous geographic area of the campus are reported under Non-Campus Building or Property. Offenses occurring on public property, including thoroughfares, streets, sidewalks,and parking facilities, that is within the campus or immediately adjacent to and accessible fromthe campus, are reported under Public Property.

The university offices surveyed for this report are as follows:

• Student Life
• Security

In addition, pastoral and professional mental health counselors as well as medical
professionals refer persons they are counseling to report crimes on a voluntary and confidential
basis for inclusion in the annual crime statistics. Students can confidentially report an incident for inclusion in the statistical report to Security or Student Life.

Student Services

Student Escort - Student escorts are available daily between dusk and dawn to walk any member of the Concordia community to his or her car or residence hall. When you need an escort, call 402-643-3033.

Campus Patrols - Security officers patrol the campus on foot and in patrol vehicles. Officers also patrol academic and residential buildings.

Lost and Found - Lost and Found is located at the Concordia Information Desk in the Janzow Campus Center. You may call 402-643-7411 to inquire about a lost item. Recovered items may be claimed after proper identification has been produced.

Victim Assistance Program - Students, faculty, and staff are encouraged to report incidents of crime. Security will assist in reporting incidents to the police and if necessary, will also provide assistance dealing with the criminal justice system. Security will also assist in obtaining other necessary services such as medical and counseling services.

Residential Security -All residence halls are staffed by Concordia University Student Life Staff 24 hours per day, seven days per week. RAs and Resident Coordinators are trained at the beginning of each semester and also receive refresher training during the semester.

Campus Emergency Notification - A significant source for emergency information is CUNEAlert which is Concordia’s emergency notification system. During an emergency appropriate for CUNEAlert, students will be notified from their cune.org email account and their dorm room corded phone. Students, Faculty and Staff of Concordia University are given the opportunity to provide other contact information (cell phone number and/or an alternate e-mail address) by going to the “connectCUNE portal” under the New Student Tab, then Banner Self-Service, and then Personal Information.  For more information about CUNEAlert please visit http://www.cune.edu/cunealert. CUNEAlert includes the following methods of communication:

• Phone, text or email message
• The Concordia website (www.cune.edu)
• Dorm or office phone

Other methods of communication include postings in or around campus buildings and loud speakers.

Crime Prevention

Security regularly…

• Inspects Concordia University properties regularly and promptly makes repairs affecting safety and security.
• Requires Security officers to routinely walk through the campus to review lighting and other environmental concerns.
• Distributes information to the community.
• Patrols the campus in vehicles and on foot, including academic and residential buildings.

Safety Tips

Residence Hall Safety Tips

• Never leave a door propped open.
• Always lock your door when you leave your room or go to sleep.
• Identify visitors through the use of the door viewer (peephole) before you let them in.
• Report any unusual telephone calls to Security.
• If you do receive a telephone call from someone you do not know, never give out any pertinent information (room number, telephone number, last name, social security number, etc.) about yourself or someone you know.
• Report suspicious activity to Security.

Vehicle Safety Tips

• Always lock your vehicle.
• Do not leave valuables in your vehicle
• Park in well-lit areas.

Personal Safety Tips

• Travel on streets where there is pedestrian traffic.
• If possible, use the buddy system - don’t walk alone - especially at night.
• Be aware and alert to your surroundings.
• Do not leave valuables unattended.
• Use the campus transportation and student escorts.
• Be aware of the location of emergency telephones.

Social Situations

• Before going on a date, know your date’s name, address, and friends.
• Meet new friends in public places.
• Do not rely on someone you just met for your ride home.
• If sexual interaction on a date begins to make you uncomfortable, get out of that situation.
• Speak up! Communicate your wishes clearly. Don’t let anyone assume you are going to have intimate relations with him/her.
• Assert yourself. Insist on being treated with respect.
• If you are assaulted, find a safe place and a friend, and call (anytime day or night) the Security at 402-643-3033.

Important Telephone Numbers

Emergency - 911
Campus Security - 402-643-3033
Student Life Office - 402-643-7411
University Health Center - 402-643-7224
University Counseling Services - 402-643-7398
Rape & Sexual Assault Hotline - 800-656- (HOPE) 4673
National Domestic Violence Hotline - 800-799-(SAFE) 7233

Definition of Reportable Crimes

Criminal Homicide

• Murder and non-negligent manslaughter - The willful (non-negligent) killing of one human being by another.
• Negligent manslaughter - The killing of another person through gross negligence.

Forcible Sex Offenses

• Forcible rape - The carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her temporary or permanent mental or physical incapacity (or because of his/her youth).
• Forcible sodomy - Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will, where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.
• Sexual assault with an object - The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against the person’s will; or not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.
• Forcible fondling - The touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or not forcibly or against the person’s will, where the victim is incapable of giving consent because of his or her youth or because of his or her temporary or permanent mental or physical incapacity.

Non-forcible Sex Offenses

• Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
• Statutory rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.

Robbery

The taking or attempting to take anything of value from 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.

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 accomplished by the use of a weapon or by a 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 that could and probably would result in serious personal injury if the crime were successfully completed.)

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 acts.

Motor Vehicle Theft

The theft or attempted theft of a motor vehicle. (Motor vehicle theft is classified as any case where an automobile is taken by a person not having lawful access, even if the vehicle is later abandoned, including joy riding.)

Arson

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

Hate Crimes

Hate crime categories include all Clery Act offenses as well as any crime involving bodily injury reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias. The categories of bias are: race, gender, religion, sexual orientation, ethnicity/national origin, and disability.

Other Offenses

• Liquor Law Violations - The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging, operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor, drinking on a train or public conveyance; and all attempts to commit any of the aforementioned activities. (Drunkenness and driving under the influence are not included in this definition.)
• Drug Law Violations - The violation 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 derivative (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
• Weapon Law Violations - The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as: the manufacture, sale, or possession of deadly weapons; the carrying of deadly weapons, concealed or openly; the furnishing of deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned acts.