Criminal and Incident Reporting

Offense

If a non-emergency offense (violation, misdemeanor, or felony) occurs at any of the college’s locations, it shall be immediately reported to the applicable law enforcement agency or the Office of Safety & Security.  In the event of an emergency, the first call should be to the 911 center who will make the appropriate law enforcement notifications. Once the emergency has concluded, the Office of Safety & Security shall be notified. Contact information for local police is located on the college safety and security website.

During normal business hours, the Office of Safety & Security, or other college official should be available to assist victims and witnesses in reporting incidents to police. Criminal offenses occurring outside of normal business hours should be reported directly to local law enforcement as outlined above. The college also has an after-hours emergency incident reporting number for the Office of Safety & Security at 518-587-2100, ext. 2899.

Incident Reporting Procedure

SUNY Empire State College Incident Reporting Procedural Statement

Purpose

Establish guidelines to assist SUNY Empire State College community members in reporting of incidents that may occur to students, faculty and staff. SUNY Empire State College is regulated by statute to report specific criminal incidents that have direct correlation to the college. The guidelines that follow will assist individuals in reporting of incidents and streamline the notification process.

Definitions

  • Incidents: An incident may be defined as, an action or event that is, has or is going to occur that has an effect on someone or something. For the purposes of this procedure an “incident” is an offense (violation, misdemeanor, or felony) immediately dangerous to life, health or to the college as a whole.
  • Incident Report: Official report taken by Empire State College with regards to an incident documenting pertinent information. A police agency report will serve as an official report under this definition.

Incident Reporting, Criminal or Violent Behavior

All college staff, faculty and students are asked to assist in making the college a safe place by being alert to suspicious situations or persons and reporting them as outlined below. If you witness, are the victim of, or are involved in any on-campus violation of the law such as assault, robbery, theft or overt sexual behavior, contact the local 911 center and follow their directions.

Upon conclusion of the emergency, the individual should immediately report the incident to the Office of Safety & Security. Crimes or incidents of a lesser nature including, but not limited to: property crimes, larceny and vandalism, are to be immediately reported to the Office of Safety & Security who will notify the applicable college officials. If an individual notices a person(s) acting suspiciously at a Saratoga location, he or she should contact the local 911 center, when applicable, or the Office of Safety & Security at 518-587-2100, ext. 2800. In all other locations, individuals should contact the Office of Safety & Security who will make additional notifications, as necessary.

Incidents requiring medical attention should be reported to local emergency 911 officials. In addition, the individual should immediately report the incident to the Office of Safety & Security who will make additional notifications, as necessary. executive director/regional operations coordinator (or designee).

The Office of Safety & Security will assist the local police agency in their investigation, when applicable.

All SUNY Empire State College locations located on a SUNY college campus are required to adhere to that respective college’s emergency notification system when incidents occur. Also, the Office of Safety & Security shall be notified at the conclusion of the incident/emergency.

In the event of a critical incident or violent criminal act, SUNY Empire State College in conjunction and communication with local law enforcement will, in accordance with the Jeanne Clery Act (34 CFR 668.46(e), issue a “timely warning” and/or “emergency notification” as directed by the Office of Safety & Security.

Identification of College Security Authorities

The college has designated certain administrators and staff as “campus security authorities” in recognition that many students, faculty and staff may be hesitant about reporting crimes to local police or the Office of Public Safety, and may be more inclined to report incidents to nonlaw enforcement administrators and/or staff instead.

Campus security authorities are employees designated at various college locations that aid in the safety and security of the college community. Campus security authorities may be contacted when someone witnesses or sees an unsafe condition, believes that they are the victim of a crime, or is seeking a referral for drug or alcohol abuse. The college’s Title IX coordinator  (Kerianne.Silver@esc.edu) must be contacted in all cases of sex discrimination or sexual violence.

Campus security authorities are charged with reporting to appropriate law enforcement personnel (either the Office of Public Safety or local police), and college officials who should be made aware of the crime or complaint. A campus security authority is not responsible for determining whether a crime took place, as that is the function of law enforcement and its investigatory process, but rather responsible for making a good faith effort to report the incident and to help prevent further incidences.

A campus security authority is required to report all allegations to law enforcement personnel, even if the campus security authority was told of a crime in the context of providing emotional support or health care support. The allegations will be reported whether or not the victim chooses to file a report with law enforcement or press charges. A campus security authority also may provide a victim or witness with assistance in reporting a crime to the Office of Public Safety or local police, or to any official or office which should be informed of the crime or complaint.

The college has a list of mental health and counseling resources available on its Health and Wellness web site. Students should note, however, that if, for example, a dean with a Ph.D. in psychology provides assistance, he/she is acting in his/her role as a dean and not as a counselor. In this case, the dean would not be exempt from the Clery Act reporting requirements.

In addition, as required under, (34 CFR 668.46a), the college has designated certain administrative personnel as “campus security authorities:”

  • Office of Public Safety, director and assistants/designees.
  • Executive vice president and affiliate vice presidents.
  • Assistant vice president for human resources or designee.
  • Title IX coordinator/deputy Title IX coordinator.
  • Provost and vice provosts.
  • Director of collegewide student services or designee.
  • Executive directors and regional operations coordinators.
  • Deans and associate deans.
  • Directors and coordinators.
  • Director of collegewide disability services.

Clery Offenses (Federal Offense Definitions)

  • Aggravated assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
  • 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.
  • Burglary: The unlawful entry into a building or other structure with the intent to commit a felony or a theft.
  • Crime or a public offense: An act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments: death; imprisonment; fine; removal from office or disqualification to hold and enjoy any office of honor, trust or profit in this state.
  • Domestic violence: Violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant, person similarly situated under domestic or family violence law, or anyone else protected under domestic or family violence law.
  • Dating violence: Violence committed by a person who has been in a romantic or intimate relationship with the victim. Whether there was such relationship will be gauged by its length, type and frequency of interaction.
  • Drug abuse: Violations of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.
  • Rape: The penetration, no matter how slight of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent incapacity.
  • Hate crime: Any act of intimidation, harassment, physical force or the threat of physical force directed against any person or family, or their property or advocate, motivated either in whole or in part by hostility to their real or perceived race, ethnic background, national origin, religious belief, sex, age, disability or sexual orientation, with the intention of causing fear or intimidation, or to deter the free exercise of enjoyment of any rights or privileges secured by the Constitution or the laws of the United States or the State of New York whether or not performed under the color of law (Source: Definitions Used in Hate Crimes Reporting, P.O.S.T. Hate Crimes Student Workbook, January 1992, p. 2).
  • Incest: Nonforcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Larceny – theft: The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.
  • Liquor-law violation: Violations of laws or ordinances prohibiting the manufacture, purchase, transportation, possession or use of alcoholic beverages.
  • 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.
  • 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.
  • Sex offenses: Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent
  • Stalking: A course of conduct directed at specific person that would cause a reasonable person to fear for her, his or others’ safety or to suffer substantial emotional distress.
  • Statutory rape: Nonforcible sexual intercourse with a person who is under the statutory age of consent
  • Vehicle theft: The theft or attempted theft of a motor vehicle.
  • Weapons: Violations of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.

Incidents Requiring Medical Attention

Incidents requiring medical attention should be reported to local emergency 911 officials. In addition, the individual should immediately report the incident to the Office of Safety & Security who will notify additional college officials, as necessary.

Notification to SUNY Empire State College Administration

Once the incident has been effectively handled by police, reporting of the incident to college officials is mandatory. Reporting individuals are instructed to contact the executive regional director of a region or a college security authority to further report the incident that has occurred. Persons reporting also shall contact the Office of Public Safety in Saratoga Springs at 518-587-2100, ext. 2800.  The Office of Safety & Security will assist the police appropriate agency with their investigation, if applicable.

Protection and Confidentiality

Nothing in this report will be construed to permit the college, or an officer, employee or agent of the college, participating in any program under this title to retaliate, intimidate, threaten, coerce or otherwise discriminate against any individual with respect to the implementation of any provision of this document.

SUNY Empire State College encourages students, faculty and staff to report all criminal activity that has occurred at an SUNY Empire State College location. The report of the criminal activity may be anonymous and the person may request confidentiality.

Disclosure of Policy Statement: Policy for Preparing and Reporting the Annual Disclosure of Crime Statistics

The Office of Safety & Security, in conjunction with the Office of Academic Affairs, Office of Administration and local law enforcement agencies, prepares this report to comply fully with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. Statistics are compiled in accordance with the Uniform Crime Reporting System of the Department of Justice and the Federal Bureau of Investigation.

Camus crime, arrest and referral statistics include those reported to the Office of Safety & Security, and designated campus officials (including Office of Administration, Office of Academic Affairs, Office of the President, Office of Human Resource, executive regional directors and academic deans), and local law enforcement entities. Crimes are reported that occur on campus, on locations that are contiguous to the campus, and buildings or properties that are either owned or controlled by a campus affiliated entity.

College policy encourages every member of the college community to report a crime promptly. Information is available and is provided to individual’s in reference to, voluntary confidential reporting procedures in the event a person does not want to pursue action either within the federal or state criminal justice system or within the university’s discipline system. A procedure is in place to capture crimes statistics which are disclosed anonymously to Office of Safety & Security.

The data for the annual crime statistics is monitored daily. Every SUNY Empire State College location has a designated campus security authority. The campus security authority, upon receiving notification of a criminal incident on SUNY Empire property, will verify the circumstances and put the information into the appropriate database. These crime statistics will be published as part of the SUNY Empire State College Annual Security Report. Current data also can be disseminated upon request. The campus security authority will inform the Office of Safety & Security on an annual basis and, upon request, will forward the crime statistics reported to them for the previous calendar year. Data received from local law enforcement is compared to the college’s internal database to ensure accurate reporting.

Each year, an email notification is made to all enrolled students, faculty and staff that lists the website to access this report. Copies of the report also may be obtained at:
Office of Safety & Security
2 Union Ave.
Saratoga Springs NY 12866-4390
All prospective students may obtain a copy by calling the Office of Safety & Security, the undergraduate or graduate admissions office, or by visiting the Jeanne Clery Annual Safety and Security Report web page.

All prospective employees may obtain a copy by calling the Office of Safety & Security or by visiting the above website.

Of note, the federal Clery Act may define a particular crime differently than it is defined under the New York State Penal Code. For the purposes of this report, the university uses the Clery Act definitions of crimes. Please see herein for the Clery Act definitions.

Daily Crime Log

In accordance with The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, SUNY Empire State College maintains a “daily crime log.” The information contained in this log identifies incidents and or crimes reported to the Office of Safety & Security, occurring on or near a college facility. The information contained in this log identifies, but not limited to, the nature of the crime reported to security or law enforcement, dates and times the incident was reported and occurred, the general location of the incident or crime and the disposition of the complaint if known. The crime log is available for public viewing during normal business hours at the Office of Safety & Security in Saratoga Springs. The log also may be viewed at one of our regional locations upon request through the Office of Safety & Security. The most recent 60-day period is open to public inspection, upon request, during normal business hours. Anyone may ask to see the log, whether or not they are associated with the college.