Security Report 2006 Safety Depends On All of Us At the Department of Safety and Security we believe community wide awareness communication and involvement are necessary
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Security Report 2006 Safety Depends On All of Us At the Department of Safety and Security, we believe community-wide awareness; communication and involvement are necessary components in assuring a safer place to live, work and learn. The information in this publication is intended to instill in you a better understanding of how to be safer and more secure while at Palm Beach Atlantic University. We strive for continuing improvement in our department’s proficiency and customer service, but it should be clearly understood that each individual carries the primary responsibility, and consequences, for their own personal safety and that of their property. When everyone is aware of the risks and prevention methods and takes an active role in their personal well-being and that of the community, the quality of life improves for us all. We offer several ways to assist members of the Palm Beach Atlantic community take security into their own hands. Among them: • Escorts – Escorts, either by foot or in patrol vehicle, are available for any student or employee requesting one. Simply call security at 32500 and tell the dispatcher/officer where you are and where on campus you would like to go. Depending on workload it may take several minutes for the escort to arrive, so please be patient. • Emergency Call boxes – There are 22 emergency call boxes throughout the campus. Pressing the red or emergency button located on the face of the call box accesses 911 emergency services. You may also use the call boxes for non-emergency calls to security (32500) or other on-campus numbers. We strongly encourage reporting of any suspicious activity noticed on or around campus. Having hundreds of pairs of eyes watching provides an enormous boost to the overall effectiveness of our security force and that of the local police. • Operation ID – The department will, at no cost, engrave your license number on high-value, easily stolen items. This service is provided at the security office or you may coordinate for an officer to visit your residence or office. • Education – Self-defense instruction, on-site security surveys and made to order presentations on crime prevention are just a few of the services and programs offered through the Department of Safety and Security. The department also coordinates with the West Palm Beach Police Department’s Crime Prevention Officer for additional classes and resources. Just call 32500 for more information. • Crime Prevention Tips – Tips are posted to the department’s web site and emailed to all students, faculty, and staff to reflect current criminal activity. You can access these on the Internet at http://www.pba.edu/safsec/tips.htm • Here are just a few of the measures you can take to become an active participant in the effort to reduce and eliminate crime on campus: o Be aware – Know your surroundings and report suspicious behavior immediately. o Don’t advertise – Secure your valuables properly. Don’t leave items like book bags or laptop computers unattended or unprotected. o Use good judgment – Trust your instincts. If something doesn’t feel safe, it probably isn’t. o Communicate – Always file a report with the Department of Safety and Security when a crime has occurred. Also let us know any safety concerns you have so we can take appropriate action. Reporting Crimes…When and How The Department of Safety and Security is comprised of 15 non-sworn, state-licensed, security officers operating in 3 shifts to provide 24-hr service to the campus. Two additional officers whose primary function is access control are available to assist when needed. The department has fostered a strong cooperative relationship with the West Palm Beach Police Department and other local and state agencies. Crimes occurring on campus should be reported to the Department of Safety and Security. No crime is trivial as it adversely impacts the quality of life for all who live, work and learn here at Palm Beach Atlantic University. Reporting all crimes in a timely manner is of critical importance and strongly encouraged. The department is sensitive to victim and witness concerns and will honor requests for confidentiality whenever possible. Ways to report crimes: • In an emergency, dial 9-911 from any campus phone. This will place you in contact with the West Palm Beach 911 operator. The department responds to every 911 call, even if the caller hangs up without saying anything (if you accidentally dial 911, stay on the line and tell the operator it was an error. This will save the police an unnecessary trip.) • If you’re outside, use one of the many blue emergency call boxes or call boxes located near the main entrance to most resident halls. Call boxes have a direct line to the West Palm Beach 911 operator. You may also use the call boxes for non- emergency calls to the Department of Safety and Security. Simply activate the phone and dial 32500. During normal duty hours the phone will ring through to the dispatcher and they will assist you. After normal duty hours the phone will ring through to the on-duty supervisor’s portable phone and he will assist you. • For routine calls, telephone 803-2500 or simply 32500 from on campus. • To report crimes confidentially by computer, use the Silent Witness program available through the Department of Safety and Security Web Page (discussed elsewhere in this report). • To report crimes in person, come to the Department of Safety and Security located at the northeast corner of Borbe Hall, overlooking the Sachs Hall parking lot. Normal business hours are from 8am to 10pm Monday through Thursday, and 8am to 5pm. Officers are always on duty and if out on patrol are more than happy to meet you at the office to take a report and assist in any way possible. Simply use the call box located outside the security office to contact an officer or call in advance to arrange a time. • Crimes occurring off-campus should be reported to the appropriate local agency. In an emergency, dial 911. For routine calls telephone West Palm Beach Police at 653- 3400 or Palm Beach County Sheriff’s department at 688-3000. The Department encourages all crime victims, regardless of the severity of the offense, to file a report and cooperate with the appropriate local agency (West Palm Beach Police or Palm Beach County Sheriff). Our officers will gladly assist in this task. The Department routinely reports crimes reportable under the Campus Security Act to the police whether or not the victim desires to press charges or file a report. Preparation of Annual Crime Report Data for inclusion in the annual disclosure of campus crime statistics is obtained from the departmental database of incidents, the West Palm Beach Police department and the Palm Beach Sheriff’s department. Incidents are tallied based on date reported, not the date of occurrence. Results from University disciplinary proceedings, obtained from the office of the Vice President for Student Development, are included as appropriate. The department is provided by-case results throughout the year and an annual re-cap of all proceedings. Individuals are strongly encouraged to make all reports requiring timely warning and annual statistical disclosure to the Department of Safety and Security. The department does, however, include statistics collected from the following offices and individuals deemed to have significant responsibility for student and campus activities: • Student Development • Residential Life • Student Activities • Wellness Center • Athletics Department • Human Resources • Provost Office • Faculty members serving as activity advisors The University views the annual report as a valuable tool to assist current and prospective members of our community in assessing the risk of crime and making informed decisions how to best reduce personal vulnerability to those risks. It is important to note that the University includes all reported crimes where a good-faith determination indicates a crime probably occurred regardless of whether an arrest is made or subsequent legal action fails to yield a conviction. This philosophy extends to confidential and anonymous reports as well in order to provide a more accurate picture of the environment to the community. The department prepares monthly reports in the format required by the “Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.” A year to date summary is posted monthly to the department web site, in addition to the most recent complete annual report. Access Policies Maintaining building security is always of prime concern for members of the university community. The Department of Safety and Security has the primary responsibility for developing and maintaining access control measures in all university facilities. The university utilizes a combination of access control measures to enhance security. Keyed locks, electronic locks, door position sensors, networked card locks, and on-line card locks are integrated to form an overall access control system. The Department employs two dedicated access control specialists to maintain and ensure integrity of the system. University instructional and administrative facilities are generally open to the public during regular business hours all year, but they are locked at other times. Individuals who need access to locked facilities must call the Department of Safety and Security. Requests for access without prior authorization from the individual or department controlling the facility will not be granted. The Department of Safety and Security maintains listings of individuals having authorized access to facilities and checks identification against these lists prior to granting access. Telephonic access authorization is granted on a case-by-case basis and only when security personnel can verify the identity of the individual providing the authorization (voice recognition or home/office phone number verification). The Department of Safety and Security maintains and issues all keys used by housekeeping staff, internal maintenance personnel and authorized outside contractors. Housekeeping staff usually works when buildings are closed and check out keys to their respective buildings each day and re-lock doors upon completion of their tasks. Maintenance personnel check out assigned keys each day. Keys are controlled and only issued for completion of verified Plant Services work orders. Outside contractors and vendors are cleared through security and issued only those keys necessary for completion of authorized work, along with a validated contractor visitor badge. All keys are returned and accounted for at the end of each day. Residence hall exterior entrances are locked at all times except during specific periods of time during move in each semester. Main entrances to residence halls are accessed through a networked card lock programmed for current residents and authorized staff (a back-up lock and key system keyed to resident’s room keys is activated in the event of a card lock malfunction). This system maintains a record of each authorized access or attempted access. Individual rooms and other facilities within the building are accessed through either electronic locks, off-line card locks or key locks, depending on the particular building configuration. Each resident’s identification card is programmed during check-in or subsequent room changes to operate the main entrance. The Residential Director issues individual room keys, dresser lock keys, and/or electronic keys to each resident. In suite-style residence halls, the room key also opens the suite door. Residents are required to keep doors locked at all times. Propping doors or disabling the locking features is a serious breach of security endangering the responsible individual and others. Fines and/or disciplinary action, up to and including removal from the residence hall, will result for violations. The university is transitioning to off-line card locks for new residence hall construction. Residents in these facilities will receive additional programming on their identification card to allow access to their individual suite and/or room. Room locks are changed when keys are lost to restore security and integrity to the overall access control system. Lost keys should be reported immediately to the resident assistant. There is a $100 re- key charge for lost keys. Lost identification cards pose a security threat in that unauthorized individuals may use them to gain access to facilities and make unauthorized charges against a student’s account. Report lost identification cards immediately to Safety and Security where the card will be deactivated in the computer system and a new card issued. Only authorized personnel are provided with keys/cards that access multiple residence hall doors. These include Department of Safety and Security personnel, maintenance personnel and residence hall staff. Inoperative locks or other access control systems should be reported immediately to the Department of Safety and Security at 803-2500. Off-Campus Criminal Activity Palm Beach Atlantic University currently has no off-campus student organizations recognized by the institution. The Department works closely with the Palm Beach Sheriff and West Palm Beach Police to determine criminal activity and trends in areas surrounding the campus. Crimes in these areas, as appropriate, are included in our annual crime report. Crime Prevention and Security Programming The Department of Safety and Security informs students and employees of security procedures and practices in the following ways: • Parking regulations and annual crime reports are available during check in each semester and available on line. • During new student orientation each semester and as a panel member during parent’s seminars. • At town hall meetings for residence halls each semester. • New employees are provided parking regulations and the web site location for the annual crime report. Hard copy reports are available upon request. • A self-defense course for females will be incorporated into the schedule for the 2006- 2007 school year. Silent Witness Individuals are encouraged to report actual or suspected criminal activity. The department understands that some individuals, while wanting to report, may desire to maintain anonymity. Silent Witness, available on the web at http://www.pba.edu/SafSec/silent.htm allows anyone to submit an anonymous report to the department. The server strips all address information before delivery and it cannot be traced in the system. All Silent Witness reports are investigated and included in the campus crime statistics if the preponderance of evidence indicates a crime did occur. Drug & Alcoholic Beverages/Intoxication The Drug Free Schools and Communities Act Amendments of 1989 require an institution of higher education to certify to the U.S. Department of Education that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by employees and students in order to remain eligible for federal financial assistance of any kind. Palm Beach Atlantic University acknowledges the problem of substance abuse in our society and perceives this problem as a serious threat to employees and students. It is the intent of the University to establish and maintain a drug-free workplace in accordance with the Drug-Free Workplace Act of 1988. It is the University’s further intent to comply in every respect with the Drug-Free Schools and Communities Act of 1989. Drug/Alcohol Counseling & Rehabilitation Programs Counseling and/or referrals are available to students and employees. Local agencies provide appropriate services in our community. The following list of agencies/institutions is provided for your assistance: National Institute on Drug Abuse Information ....................................1-800-662-HELP M-F, 8:30-4:30 The National Federation of Parents for Drug-Free Youth ................... 1-800-554-KIDS M-F, 8:00-5:00 Just Say No Foundation .........................................................................1-800-258-2766 National Council on Alcoholism 7/days, 24 hours ................................1-800-622-2255 National Drug Abuse Hotline ................................................................1-800-241-9746 Cocaine Helpline................................................................................. 1-800-COCAINE Reach-Out Hotline .................................................................................1-800-522-9054 (Alcohol, drug crisis intervention, mental health and referral) Alcoholics Anonymous.............................................................................561-844-8800 Crisis Line.................................................................................................561-967-1000 FL Dept. of Law Enforcement ..................................................................561-640-2840 Narcotics Anonymous Hotline..................................................................561-533-3778 Policy The University is opposed to the use of controlled substances, including, but not limited to, hallucinogenic drugs, amphetamines, barbiturates, cocaine and its derivatives, narcotics, marijuana, and any others controlled by legal authorities. Possession, consumption, and/or distribution of alcoholic beverages by students or employees are prohibited on the PBA campus. This includes areas of public access within the bounds of the PBA campus (including the sea wall) or on the grounds of any property leased or controlled by PBA. As well, these same are prohibited at locations of university- sponsored activities or events sponsored by any university organization, department or group or by any individual in the name of an organization, department or group (this would include areas of First Baptist Church and parking lots). Underage drinking, (under 21 years of age) is prohibited. Any student who returns to the campus while intoxicated shall be subject to full disciplinary action. Intoxication is defined as: A state of being causing a person to experience a loss of normal use of his/her mental and/or physical faculties. Intoxication is determined when a person registers a blood alcohol content of .05 or greater. This includes, but is not limited to, slurred speech, loss of motor coordination, aggression, loss of memory, abusive behavior or behavior that satisfies the criteria for intoxication by blood alcohol content. PBA is an alcohol free campus and as such may use investigation devices to test for alcohol consumption and/or intoxication. If a student refuses to submit to these tests, the university will assume the student is admitting responsibility for a violation of the Alcoholic Beverages/Intoxication policy and will proceed accordingly. Disciplinary responses for students in violation of the policy range from probation and growth contract to expulsion and/or referral to local/state authorities for prosecution (see Navigator for specific responses). Employees must, as a condition of employment, abide by the terms of this policy and must report their own conviction under a criminal drug statute for violations occurring either in the workplace or during the performance of work-related duties with five (5) days after the conviction, as required by the Drug-Free Workplace Act of 1988. The University expects all employees to report to work free of the influence of controlled substances and, at all times during the performance of their duties, to refrain from use of controlled substances, and to obey related laws established and enforced by legal authorities. Violations of this policy will result in disciplinary action up to and including termination of employment. Employees who need help in dealing with such problems are encouraged to seek professional assistance, using their group health plan as appropriate. External Sanctions Local, state and federal laws provide for a variety of legal sanctions for the unlawful possession, manufacture and distribution of illicit drugs and alcohol. These sanctions include, but are not limited to, incarceration and monetary fines. Federal Sanctions Federal law provides severe penalties for distributing or dispensing, or possessing with the intent to distribute or dispense a controlled substance, and less severe penalties for simple possession of a controlled substance. The type and quantity of the drug, whether the convicted person has any prior convictions, and whether death or previous injury resulted from the use of the drug in question (this, however, is not a factor in the case of simple possession), all affect the sentence. For example, if less than 50 kilograms of marijuana are involved and it is a first offense (no prior convictions), then an offender is subject to imprisonment of not more than 5 years, a fine of $250,000, or both. If, however, 50-100 kilograms of marijuana are involved instead of less than 50 and all other factors are the same as in the preceding example, he is subject to imprisonment of not more than 20 years, unless death or serious injury results from the marijuana use, in which case he is subject to not less than 20 years or life, a fine of $1,000,000, or both. While the penalties for simple possession are less severe, the first conviction still carries a sentence of up to a year imprisonment, a fine of at least $1,000 but not more then $100,000, or both. With regard to simple possession, the number of convictions makes both the minimum period of imprisonment and fines greater. Under special provisions for possession of crack, a person may be sentenced to a mandatory term of at least 5 years in prison and not more than 20 years, a fine of $250,000, or both. The Higher Education Reauthorization Act of 1998 prohibits students convicted of a federal or state drug sale or possession law from receiving federal student aid for a minimum of one year. State Sanctions State law provides similar penalties with regard to the simple possession, distribution, or possession with the intent to distribute a controlled dangerous substance. Simple possession of marijuana is a misdemeanor and carries a punishment of up to 1 year in the county jail and a fine of up to $1,000. Possession of marijuana with the intent to distribute is a felony and carries a punishment of 3 years to life in the penitentiary and a fine of up to $25,000 for the first conviction. Trafficking cocaine is a felony and carries a punishment of a minimum of three years to life and a minimum fine of $50,000. Trafficking in heroin is a felony and carries a punishment of up to a minimum of 25 years and a minimum fine of $500,000. In addition, the state of Florida provides that possession of our possession with the intent to consume beer or other alcoholic beverages by someone less than 21 years of age is a public place is a misdemeanor punishable by a fine or, as appropriate, community service. There are also state laws concerning driving under the influence of alcohol and using a false driver’s license to obtain beer or other alcoholic beverages. Depending upon the number of previous convictions, or the gravity of the circumstances, one may be convicted of a felony or misdemeanor for such an offense. It is most likely that a person will also forfeit his/her driving privileges in the event he/she is convicted of such an offense. Courts do not excuse individuals from a prison sentence to go to university or work if they are convicted of these offenses. A conviction for such an offense is a serious blemish on a person’s record and could prevent him or her from entering many careers or securing many types of jobs. The above referenced examples of penalties and sanctions are based on the applicable laws at the time of adoption of this policy statement. Such laws are, of course, subject to revisions or amendments by way of legislative process. Health Risks Drug and alcohol abuse represents a serious threat to health and the quality of life. More than 25,000 people die each year from drug-related accidents or health problems. With most drugs, it is probable that users will develop psychological and physical dependence. The general categories of drugs and their effects are as follows: Alcohol – Short-term effects include behavioral changes, impairment of judgment and coordination, greater likelihood of aggressive acts, respiratory depression, irreversible physical and mental abnormalities in newborns (fetal alcohol syndrome), and death. Long-term effects of alcohol abuse include damage to the liver, heart and brain, ulcers, gastritis, malnutrition, delirium tremors and cancer. Alcohol combined with other barbiturates/depressants can be deadly. Amphetamines/Stimulants (speed, uppers, crank, caffeine, etc.) – These substances speed up the nervous system, which can cause increased heart and breathing rates, higher blood pressure, decreased appetite, headaches, blurred vision, dizziness, sleepiness, anxiety, hallucination, paranoia, depression, convulsions, and death due to stroke or heart failure. Barbiturates/Depressants (downers, Quaaludes, Valium, etc.) – These substances slow down the central nervous system, which can cause decreased heart and breathing rates, lower blood pressure, slowed reactions, confusion, distortion of reality, convulsions, respiratory depression, coma and death. Depressants combined with alcohol can be lethal. Cocaine/Crack – This substance stimulates the central nervous system and is extremely addictive, both psychologically and physically. Effects include dilated pupils, increased heart rate, elevated blood pressure, insomnia, loss of appetite, hallucinations, paranoia, seizures, and death due to cardiac arrest or respiratory failure. Hallucinogens (PCP, angel dust, LSD, etc.) – These substances interrupt the functions of the part of the brain that controls the intellect and instincts. Use may result in self- inflicted injuries, impaired coordination, dulled senses, incoherent speech, depression, anxiety, violent behavior, paranoia, hallucinations, increased heart rate and blood pressure, convulsions, coma, and heart and lung failure. Cannabis (marijuana, hashish, hash, etc.) – Such substances impair short-term memory, comprehension, concentration, coordination, and motivation. They may also cause paranoia and psychosis. Marijuana smoke contains more cancer-causing agents than tobacco smoke. The way in which marijuana is smoked deeply; inhaled and held in the lungs for a long period, enhances the risk of cancer. Combined with alcohol, marijuana can produce a dangerous multiplied effect. Narcotics (smack, horse, Demerol, Percodan, etc.) – These substances initially produce feelings of euphoria often followed by drowsiness, nausea and vomiting. An overdose may result in convulsions, coma, and death. Tolerance develops rapidly and dependence is likely. Using contaminated syringes to inject such drugs may result in AIDS. Tobacco/Nicotine – Some 170,000 people in the United States die each year from smoke-related coronary heart disease. Some 30% of the 130,000 cancer deaths each year are linked to smoking. Lung, larynx, esophagus, bladder, pancreas, and kidney cancer strike smokers at increased rates. Emphysema and chronic bronchitis are ten times more likely among smokers. Additional information concerning health risks may be found in the Health and Wellness office. You should also consult your personal physician about the health risks associated with drug and alcohol abuse. Timely Warning When situations arise that pose a potential threat to the community the University will make timely warning using a variety of methods. Threats include, but are not limited to, impending natural disasters (hurricanes, tropical storms, etc.), criminal activity, and known safety threats on or off-campus. Acts of terrorism in the region, state or nation can be considered. Warnings may originate from a number of administrative departments and will use one or more of the following dissemination means to ensure the widest possible audience: • Campus-wide email -- All students, faculty and staff member have an established email account. This system allows for rapid dissemination of information to those having access to the Internet. • The Department of Safety and Security Web Page – Security alerts are posted to the Departmental web page which is located at the following URL: http://www.pba.edu/safsec/safsec.cfm • The Palm Beach Atlantic University Home Page – This page has a link to the Department of Safety and Security web page may display other links to warning information. The URL for this page is http://www.pba.edu • Campus Voicemail System – The University has the capability to leave a message on all phones within the system. All resident students, faculty and staff have established voice mailboxes. • Classroom Announcements – Although interference with academic activities is avoided when possible, this option is available to achieve rapid dissemination of critical information of a time-sensitive nature. • Postings to Campus Bulletin Boards – There are numerous Kiosks and bulletin boards throughout the campus under the control of Student Development and respective schools where warning posters can be displayed. • The BEACON – The University’s newspaper has wide circulation and is published weekly during the school year. This method is used primarily to augment and provide greater detail for warnings previously disseminated by other means. • WJNO Radio AM-1290, WRMF Radio FM-97.9 and WPTV Channel 5 – These information sources are primarily used during hurricanes and other serious incidents or activities that pose an immediate threat to the entire PBA community. Sexual Offender/Predator Registration in Florida The Federal Campus Sex Crimes Prevention Act requires colleges and universities to issue a statement advising the campus community where state law enforcement agency information concerning registered sex offender may be obtained. The act also requires registered sex offenders/predators to provide to appropriate state officials notice of each institution of higher education in that state at which the offender/predator is employed, carries on a vocation, or is a student. Any member of the Palm Beach Atlantic University community who wishes to obtain further information regarding sexual offender/predators in our area may refer to the FDLE website at: www.fdle.state.fl.us/sexual_predators/search.asp or call 1-888-FL- PREDATOR / 1-888-357-7332). The FDLE searchable database may be used to find all registered sex offenders in any city, county, or zip code in the state. In accordance with Florida State Statute 775.21 ("The Florida Sexual Predators Act") convicted sex offenders in Florida must register with the Florida Department of Law Enforcement ("the FDLE") within 48 hours of establishing permanent or temporary residence. It is then the responsibility of the agency to make required notification to all community members of the presence of predators (only) in any manner deemed appropriate by the agency. Upon notification of the presence of an offender/predator, it is the responsibility of the law enforcement agency with jurisdiction over the offender/predator's address to inform the Palm Beach Atlantic University Safety and Security Department that the offender/predator has stated that he/she is currently enrolled at, living on campus, or employed by the university. The Department of Safety and Security can then make all prudent notifications to members of the campus community. ‘No’ means ‘No’. Period… Sexual Assault is a Crime What to do if assaulted: If a student requires emergency medical or law enforcement services she/he should call 911and then Safety and Security at 803-2500 or ext. 32500 on campus. Then she/he should contact the Student Development Office and/or the Director of Safety and Security. University and Community Crisis Response: If, at the time of the assault, the victim is involved in activity which violates the Community Values System (i.e. intoxication) a report of the assault to Student Development personnel will be considered a request for Amnesty. The student will receive counseling and assistance without going through the disciplinary process. Once notified, Safety and Security will act as the student’s liaison with police and other emergency services. Safety and Security will also follow up on any non-student accused of assault. The Student Development Office will follow up on any incident involving students. If Safety and Security is not immediately contacted by the victim at the time of an assault, the department will be notified by the Student Development Office of the incident in order to include it in the University’s crime statistics. University officials (Student Development Staff, faculty, Safety and Security personnel) will encourage the student to attempt to preserve the physical evidence of the attack. Students will be asked not to bath, shower, change clothes, or douche. If the student is a legal adult, the decision to report the incident is hers/his. However, if the student is underage, the University is required by law to report the incident to the proper city, state, or county authorities. In the event of a reported assault, PBA will keep all identifying information of the victim confidential. The Residential Life Office will consider changing living accommodations if the student desires. PBA will also encourage the student to write and sign of her/his testimony of the assault. This document may be used as the formal complaint in the PBA discipline process. If a student chooses to press formal charges, Safety and Security will be notified. Safety and Security will inform the proper authorities on the student’s behalf. Students who experience sexual assault are free to retain an attorney at their own expense to pursue civil and/or criminal litigation. The state of Florida also provides students with victim assistance counselors. Where there is an allegation that a sexual assault has occurred, the University will pursue an investigation independent of any city, county, or state investigations. Sexual Assault in the Disciplinary Process If the alleged attacker is a student, the University will pursue possible disciplinary action against him/her through our own Community Values System. The University’s disciplinary proceedings are not dependent upon the criminal or civil proceedings of any government agency. Sexual assault is defined as sexual misconduct in The Navigator and the minimum disciplinary response is immediate suspension for one semester. PBA reserves the right to dismiss students whom administrators perceive as threats to the well being of the University community before the disciplinary process is convened. A formal complaint made by a student should be submitted to the Office of Student Development. The student may generate the formal complaint herself/himself or may provide testimony of the incident(s) to the Coordinator for Student Development in order that she/he may generate the complaint on the student's behalf. Formal Complaints should be submitted in writing and should include the following: date(s) of the alleged incident(s) time(s) of the alleged incident(s) location(s) and people involved in the alleged incident(s) specific details of the incident(s) and the effects it/they had upon the complainant any action that was taken as a result of the incident(s) After the receipt of the formal complaint, the Student Development Office may write a AIR (Accountability Incident Report) for the alleged attacker under The Navigator's guidelines. The discipline committee will meet promptly after the receipt of the student’s formal complaint in order to begin discussing the alleged incident. The AIR will immediately be forwarded to the accused containing the information from the complaint in abbreviated form. The accused will be given the opportunity to make a written response to the committee, addressing the allegations. Upon the receipt of the accused’s response or notification that the accused refuses to make such response, the committee will meet with the accused as soon as possible. The discipline committee will investigate the complaint and recommend that one of the following actions be taken: 1. Dismiss the complaint as being without merit. 2. With the written consent of the complainant and the accused, arrange a meeting of the parties involved in order to resolve their differences. Terms of an agreed resolution will be put into writing and signed by all people involved in the meeting. Violation of the agreement will result in disciplinary action agreed upon by the discipline committee. 3. Conclude that the accused did act in violation of the sexual assault policy and recommend disciplinary action. The student will be found responsible for sexual assault; he/she will be suspended for at least two (fall and spring) semesters. He/she will also be required to undergo counseling before or during his/her semester of return to PBA, if he/she is allowed to return at all. An Administrative Council meeting may be held to determine whether it is in the best interests of the University community for the student to be allowed to re-enroll at PBA. 4. Conclude that the positions of the parties are unlikely to be resolved due to differing perspectives. The committee will determine an appropriate response to both parties. Rights and Responsibilities of Involved Parties: 1. The complainant has the right to request to review the accused’s response, the right to be interviewed by the discipline committee, a right to concur or disagree in writing with the University’s decision or actions, and a right to know what records are being kept in what office and for what duration. 2. The accused has a right to receive a copy of the original complaint, an opportunity to respond to it in writing, a right to be interviewed by the discipline committee, a right to concur or disagree with the University’s decision or actions, and a right to know what records are being kept where for what duration. 3. The complainant and the accused have the right to have a member of the University community serve as an advocate for them during all meetings. 4. Both the complainant and the accused have the right to have any member of the University community bear witness for them before the committee. 5. The University has the right to change the policy for a subsequent contract year but special efforts will be made to inform students, staff, and faculty of the new policy. 6. Neither the complainant, accused, nor the University have the right to have professional legal counsel present during discipline committee meetings. 7. The complainant has the right to request mediation through the Office of Student Development 8. The complainant has the right to request alternative housing arrangements through the Office of Residential Life 9. The complainant has the right to obtain assistance with academic issues from the Provost’s Office. Persons reporting incidents of sexual assault will be treated with care, concern and confidentiality. Support, assistance, and counseling are available. Those who experience incidents of sexual assault are encouraged to immediately seek the assistance of the Residential Life staff, the Health and Wellness Center, Safety and Security, or Student Development personnel. Rohypnol/GHB Otherwise known as “date-rape” drugs, Rohypnot and GHB (gamma-hydroxybuyrate) are potentially devastating substances that everyone should be aware of and on guard against. Rohypnol is a sedative that has been used to intoxicate people to the point of incapacitation. GHB is a synthesized chemical that causes similar reactions to those of Rohypnol. These drugs are most commonly added to an alcoholic beverage. Victims unknowingly consume the beverage and find themselves helpless and unable to offer resistance or defend themselves. These drugs also affect memory and often times a victim is unable to remember what has happened to them. The federal government has strictly prohibited the use of Rohypnol. Dispensing the drug, including putting into someone’s drink or food without that person’s knowledge, is a federal crime, punishable by 20 years in prison. Simply possession of the drug is punishable by up to three years in prison. Individuals using GHB to victimize others may also be charged with a felony. Death and other serious injury has been linked to consumption of GHB. Sexual assault victims may coordinate through the Wellness Center to obtain a urine test if they suspect involvement of either Rohypnol or GHB. Others, not assaulted, but suspecting that they were administered one of these drugs may also coordinated for testing through the Wellness Center. There is a charge for the testing unless done as part of a police report. Rohypnol can be detected in the urine for up to 72 hours after ingestion while GHB remains detectable for only 18 hours. Rohypnol and GHB increase your vulnerability to robbery, sexual assault and other crimes. Points to remember: • Never accept drinks from someone you don’t know and can trust. • Never leave your glass/bottle unattended for any reason. If you do, don’t drink from it. • Open your OWN drink and keep it under your control. • Stay with a group of friends when out. Palm Beach Atlantic University 2005 Clery Act Crime Statistics Reporting THE JEANNE CLERY DISCLOSURE OF CAMPUS SECURITY POLICY AND CAMPUS CRIMES STATISTICS ACT (formerly the Campus Security Act) CATEGORY VENUE 2003 2004 2005 CRIMINAL HOMICIDE: • On Campus*** 0 0 0 Murder and • In dormitories or other residential 0 0 0 Non-Negligent facilities Manslaughter • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 Negligent 0 0 Manslaughter • On Campus*** 0 0 0 • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 SEX OFFENSES: • On Campus*** 1 0 0 Forcible • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 Nonforcible • On Campus*** 0 0 0 • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 ROBBERY • On Campus*** 0 0 0 • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 1 0 0 AGGRAVATED ASSAULT • On Campus*** 0 1 1 • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 BURGLARY • On Campus*** 1 2 5 • In dormitories or other residential 1 2 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 ARSON • On Campus*** 0 0 0 • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 MOTOR VEHICLE • On Campus*** 2 2 0 THEFT • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 1 0 0 ARREST FOR: Liquor law • On Campus*** 0 0 0 violations • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 1 Drug-related • On Campus*** 0 0 0 violations • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 Weapons • On Campus*** 0 0 0 possession • In dormitories or other residential 0 0 0 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 DISCIPLINARY REFERRALS: • On Campus*** 25 25 14 Liquor Law • In dormitories or other residential 25 22 14 violations facilities • In or on a noncampus building or 0 0 0 property • On public property 0 3 0 Drug-related • On Campus*** 3 2 0 violations • In dormitories or other residential 3 2 0 facilities • In or on a noncampus building or 0 0 2 property • On public property 1 0 0 Weapons • On Campus*** 1 0 3 possession • In dormitories or other residential 1 0 3 facilities • In or on a noncampus building or 0 0 0 property • On public property 0 0 0 *** This category includes all on-campus incidents, including those listed in the category below, "In dormitories or other residential facilities." Therefore, the two categories are not cumulative, but duplicative. KEY TO HATE CRIMES NOTATIONS: Type of Bias or Prejudice Race = ra Gender = g Religion = re Sexual Orientation = s Ethnicity = e Disability = d NOTE: No hate crimes reported in fiscal years 1997 through 2005. Report template developed by The National Center For Higher Education Risk Management and used with permission.