Jeanne Clery Act

University Police Department

Community safety is the primary responsibility of the University Police Department, administered by a chief of Police who reports to the vice president for Student Development and Campus Life. In addition to the chief, the department is staffed by commissioned police officers, and dispatch officers.

The department is staffed 24 hours a day, 365 days a year. Information and emergency telephone numbers are posted and published throughout campus. Officers at headquarters are in direct radio communication with officers on patrol. Patrols of the campus are made by police officers in highly visible police vehicles.

University police officers are trained and commissioned in accordance with NJSA 18A:6-4.2-4. The 26-week training at the police academy is approved by the State of New Jersey Police Training Commission and is the same as required for municipal police officers. University police officers have complete authority to apprehend and arrest anyone involved in illegal acts on campus, and enforce all New Jersey Motor Vehicle laws. All personnel receive additional in-service instruction through qualified sources throughout the State. This includes cardiopulmonary resuscitation (CPR) and first aid, as well as other relevant service skills.

The department has been assigned an identification number by the Federal Bureau of Investigation (FBI), and submits monthly reports of all criminal incidents under its jurisdiction to the New Jersey State Police. These reports are forwarded to the FBI and compiled into the Uniform Crime Report (UCR). The department works closely with local police and fire departments, the New Jersey State Police and other law enforcement agencies. The department is equipped with the State Police Emergency Network (SPEN), affording immediate communication with neighboring law enforcement agencies.

Crime Prevention

The MSU campus is an open one. There are no protective boundaries, which separate it from surrounding communities and highways. Although the University Police Officers are highly visible in providing for the safety and welfare of the university community, there are precautions that everyone should take to avoid becoming a potential target of crime. For example, travelling alone after dark to perimeter areas of the campus (such as distant lots or the Clove Road Apartments) is not a safe practice. For this reason, we encourage students and employees to walk with a friend or in a group or to take the Campus Shuttle Bus. The department provides a number of services to help prevent crime that include the following:

Residence Life Orientation - Students living on campus as well as commuting students, housing directors and assistants are made aware of topics and situations that might be encountered on the university campus. Topics include, Acquaintance Rape, Alcohol and Drug awareness, Theft Prevention and Safety on Campus. Through Crime Prevention awareness, students living on and off campus, learn ways and methods on how to minimize the chances of becoming the victim of a crime.
New Employee Orientation - Through orientation, new employees to the university are made aware of crime prevention methods and strategies that will be helpful in reducing the chances of becoming a victim of crime on and off campus. Topics include, Theft Prevention, Safety on Campus and Workplace Violence.
Bicycle Patrol - Along with heightened foot patrols and mobile units, University Police Officers on bicycle patrol increases awareness as well as visibility of officers.
Self-Defense Training - Offered by university police officers, this training is free and open to all members of the campus community. Training is offered periodically throughout the fall and spring semesters.
Crime Prevention - Through a variety of educational programs, crime prevention officers conduct panel discussions for classes, Residence Life, the Drop-in Center and Greek organizations. Topics include: Date/Acquaintance Sexual Assault, AIDS, Auto and Property Theft, Personal Safety Issues and Alcohol Awareness. Brochures and other literature are available at the University Police Headquarters.
Rohypnol/GHB (Gamm Hydroxy-Butyrate) Awareness Education - Rohypnol is a drug used legally for medical purposes in other countries but it is not a legal drug in the United States. Rohypnol when combined with alcohol has a sedating effect on the individual; this state allows an aggressor to assault the individual without the victim being able to defend themselves. Recently, Rohypnol related crimes on college campuses have risen dramatically. Through education and orientation, members of the university community are made aware of the dangers this drug poses, steps to take on reporting a Rohypnol related crime, as well as information and tips on how to avoid becoming a victim.
Operation ID - This program assists members of the campus community in properly marking their property by collecting serial and model numbers of valuables, and offers suggestions for safeguarding jewelry.
Campus Crime Watch Program - This program educates campus residents about safety and security on campus. Active observation techniques are taught to identify suspicious persons and activities that may occur in and/or around the Residence Halls.
Security Survey Program - A crime prevention officer will survey any area on campus that members of the campus community believe may be unsafe.
Crime Updates - Crime Prevention personnel provide the student newspaper, The Montclarion, with weekly police blotter information. Crime bulletins are also disseminated throughout campus via fliers, newsletters, electronic mail as well as other media sources.

Many incidents on university campuses can be avoided if people take personal safety seriously. Precautions such as locking doors, walking in groups or taking the Campus Shuttle Bus at night and keeping valuables out of sight, are emphasized in student and employee orientation programs and reinforced throughout the year.

Other services available on campus for personal safety are:

Escort Service

The University provides a technology assisted escort program through the Campus Connect program. Students are urged to use the Mobile Guardian application on their Campus Connect mobile phone. This service uses Global Position System (GPS) technology to provide voluntary monitoring of movements from one area of campus to another. If a person does not reach their intended destination in the period of time specified, an alarm is sounded in police headquarters and police will respond to the user’s location. Students who are not part of Campus Connect and wish to take advantage of this service or for further information about this application, visit https://www.getrave.com/login/montclair online or speak with the Campus Connect or RAVE representatives on campus.

Access to Facilities

Access to campus facilities is generally restricted to students and employees with a University ID Card and proper authorization. During weekends and holidays, persons who require access to any building must first check in at the University Police Headquarters.

Emergency Call Boxes

There are 124 emergency call boxes located throughout the campus. When the receiver is picked up, a dispatcher comes on the line to offer assistance. The call boxes are easily identified by large red and white colored emergency phone signs and a blue light overhead.

Lighting

The quality and effectiveness of campus lighting is surveyed weekly and maintenance is ongoing. Modern lighting systems enhance visibility, and care is taken to keep walkways clear and free from encroaching trees and shrubs. If you observe severe lighting outages on campus that could jeopardize personal safety, please report immediately to University Police and we will notify Maintenance of the required repairs.

Parking

Any vehicle parked on campus property must obey University parking regulations. Parking lots have clear designation related to required parking permits, tags and decals. Visitor parking and metered parking is available. Handicapped parking is also available. Information about available parking and regulations can be found at: www.montclair.edu/parking

Shuttle Bus Service

Regular shuttle bus service is available 24 hours a day, seven days a week. Scheduled information is available at www.montclair.edu/shuttles

University Policies and Procedures

Montclair State University complies with all New Jersey statutes governing the consumption, sale and service of alcoholic beverages. A full statement of the alcohol policy is published in the Student Handbook and is available atwww.montclair.edu/studenthandbook/ or upon request from the Office of the Dean of Students.

The University prohibits the possession, use and sale of illegal drugs. The full text of the drug policy is published in the Student Handbook and is available at www.montclair.edu/studenthandbook/ or upon request from the Office of the Dean of Students.

In order to provide members of the campus community with information on health risks and legal sanctions, substance abuse issues are addressed in programs offered throughout the year. Protocols addressing problems and providing assistance for those members of the campus community, who may be impaired due to substance abuse, alcohol dependency and/or physical, mental or emotional disorders, are available upon request from the Office of the Dean of Students, Counseling and Psychological Services, University Health and Counseling Services, Human Resources Department and University Police.

The University complies with all state and federal statutes governing the possession and use of firearms, ammunition, explosives, hazardous devices, air guns, and dangerous weapons. Students, faculty and staff are forbidden to use or possess firearms, dangerous weapons or explosives on campus.

Sexual Assault

SART
It is our hope that no one within our campus community will become a victim of sexual assault. However, if it occurs, the University has created a Sexual Assault Response Team (SART) to meet all victim needs. MSU SART is modeled after New Jersey State Standards and provides identical services on campus that would be obtained at official SART sites in the state. The team is trained to provide victim-centered, compassionate, comprehensive care directly on campus. MSU SART is composed of the following members:

University Police (x5222): The Montclair State University Police Department is a fully sworn police agency. They have been specially trained in sexual assault law, victim rights and the emotional and physical needs of a victim. As a part of SART, they provide criminal investigation at the request of the victim.
Sexual Assault Nurse Examiners (x4361): University Health and Counseling Services has Registered Nurses and Nurse Practitioners who are trained as Sexual Assault Nurse Examiners (SANE). Their SART role is to provide medical care, preventive medications and forensic examination at the request of the victim. This can all be done at the University Health Center.
Rape Care Advocates (973-972-1325 or 973-881-1450): Specially trained individuals from local advocacy agencies. As part of the SART response, rape care advocates (RCA) provide emotional support, education and referrals at the request of the victim.The Sexual Assault Response Team is available 24 hours a day, seven days a week.

MSU SART is available to any individual who is a victim of sexual assault within the campus grounds. This includes MSU students, visitors and employees. SART is also available to MSU students who are victims of sexual assault that occur outside of MSU property.

When a victim reports a sexual assault, all options, rights and services are explained. Upon consent from a victim, SART members will respond. The best interest of the victim will always take precedence. University Police will accompany the victim to the University Health Center after taking some initial information. At the Center, available services will be explained and the victim will decide at that time which of these services will be utilized.

Victims of sexual assault at Montclair State University have several options for care and services. The victim has the right to accept or decline any or all of the following:

Receive medical care i.e. evaluation and treatment for injuries and preventive medication for sexually transmitted diseases and pregnancy
Receive forensic examination for evidence collection
Receive the services of a Rape Care Advocate
File criminal charges
File civil charges
File University disciplinary charges
A right to change academic and living situations if such options are reasonably available
Report as a "Jane Doe" victim: This allows the victim to have a forensic examination but not file charges or release identity to anyone except the Sexual Assault Nurse Examiner. Evidence collected is stored for ninety days in case a victim chooses to file charges within that time period. The incident is reported to University Police without revealing the victim’s identity for statistical purposes only. Community warnings may be issued in any case of sexual assault if the safety of the community is at risk or public disclosure is required by law. A victim's identity will never be compromised.
Seek sexual assault services off campus.

University discipline proceedings include the right to a fair hearing for all parties (both accuser and accused) involved including the right to have witnesses, representation, and written resolutions to all parties as to the hearing outcome such as sanctions, suspensions or expulsion from the University. The minimum sanction, according to the Code of Conduct for a reported sexual assault is probation, the maximum is expulsion. For more information regarding the Code of Conduct and the student disciplinary process visit www.montclair.edu/employeehandbook/.

Employees also have the right to administrative hearings with the Division of Human Resources that may result in potential sanctions in formal discipline or termination of service with the University. A copy of the Employee Handbook may be found at the website, www.montclair.edu/employeehandbook/

Anyone can notify SART about a sexual assault. Community members and University personnel are strongly encouraged to advise the Chief of University Police of any crime for statistical purposes. If someone prefers not to contact University Police or the University Health Center, other choices might be the Dean of Students, the Women’s Center, Counseling and Psychological Services or Residence Life staff. All members of these departments have thorough knowledge of SART and can be helpful in assisting a victim.

If you or someone you know is the victim of a sexual assault your first priority should be your personal safety and to seek medical attention. To assist law enforcement and forensic examination, do not douche, bathe, shower or change clothes prior to a medical examination and do not wash sheets or bed clothing. It is essential to preserve DNA evidence to the maximum extent for prosecution and/or judicial proceedings. Anyone needing assistance should contact University Police immediately. It is important to recognize that all University personnel will assist a victim in reporting to law enforcement or receiving sexual assault services. Members of the community, such as personnel in the Dean of Student Office, Counseling and Psychological Services, Residential Education and Services, and the Women's Center are able to assist victims with reporting and attaining services.

In the State of New Jersey, crime victims are entitled to certain basic rights under the law including the right to make a victim impact statement at court, transportation to legal proceedings, and the right to be informed as to the progress and disposition of a criminal case. The Crime Victims Bill of Rights (NJS 52:4B-36) may be viewed online at the New Jersey Attorney General's Office of Victim-Witness Advocacy site www.state.nj.us/lps/dcj/victimwitness/bill-of-rights.htm. A copy of these rights will be given to all victims of crime but is available in paper format at University Police Headquarters.

In addition survivors of sexual assault are afforded services and rights under the State of New Jersey Attorney General's directive on Providing Services to Victims of Sexual Assault. A copy of the standards is located on the NJ Division of Criminal Justice website at www.njdcj.org/stand.htm. Paper copies of these standards are available at University Police Headquarters.

Montclair State University’s Stand on Sexual Assault
It is the position of Montclair State University that sexual assault will not excused or tolerated. Existing criminal, civil and disciplinary actions will be enforced. In addition, Montclair State University has adopted measures to educate the campus community regarding sexual assault and instituted protocols to assist victims. Special emphasis is placed on the needs, rights and privacy of the victim and the rights of the perpetrator. Montclair State University adheres to Federal, State and local requirements for interventions, crime reporting and privacy provisions related to sexual assault.

Definition of Sexual Assault
It is helpful to understand how the law in New Jersey defines sexual assault. (NJSA2C:12-1-2) defines sexual assault as sexual penetration meaning "vaginal intercourse, cunnilingus, fellatio or anal intercourse between persons or the insertion of a hand, finger or other object in the anus or vagina by either the actor or upon the actor’s instruction. The depth of insertion shall not be relevant." Assault occurs when the above actions are performed without the victim’s consent or with a victim who is unable to consent. The law is gender neutral recognizing that men and women can be victims or perpetrators of sexual assault.

If you are uncertain that an assault occurred, contact a member of SART. Let someone with expert knowledge assist you in making this determination.

Important Contact Information
Montclair State University Police Department 973-655-5222
Montclair State University Health Center 973-655-4361
Montclair State University Health and Counseling Services 973-655-5211
Montclair State University Dean of Students Office 973-655-4118
Montclair State University Women’s Center 973-655-5114
Montclair State University Residence Life Office 973-655-4155
Safe and Sound (Essex County Rape Care Center) 973-972-1325
Passaic County Women’s Center Rape Crisis Services 973-881-1450

Sex Offender Registry
The "Campus Sex Crimes Prevention Act" (section 1601 of Public Law 106-386 ) is a federal law that provides for the tracking of convicted, registered sex offenders enrolled as students at institutions of higher education, or working or volunteering on campus. The Act 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, or is a student. The law further requires that state procedures ensure that this registration information is promptly made available to law enforcement agencies with jurisdiction where the institutions of higher education are located and that it is entered into appropriate State records or data systems.

For information regarding Megan's Law in the State of New Jersey and to search the New Jersey Sex Offender Internet Registry, maintained by the New Jersey State Police, visit: www.njsp.org/info/reg_sexoffend.html. For information on how to register if you are a convicted sex offender, contact the MSUPD Detective Bureau for instructions.

Reporting Procedures and Communications

A security report is prepared annually and provided to all current students. The University Police works with a number of departments to gather this report including the Dean of Students Office, the Office of Residential Education and Services, the Deans of the Colleges, and surrounding police agencies. The report is posted annually by October 1st for the preceding year's statistics and is available on the internet at www.montclair.edu/universitypolice/clery/. A direct email notice including the URL to view the report is sent to all students, faculty and staff via campus email addresses (the email with the path to this URL is not sent to personal email addresses regulated by private companies such as AOL or Yahoo!). Upon request, a paper copy of the report will be provided at University Police Headquarters. The University Police polls all University Departments to ensure an accurate reflection of crime across campus. This report is available to any interested person upon request. If the campus community must be alerted when time is of the essence, information will appear in various methods, including the MSU News System to which one can subscribe to the News RSS feed; email messages sent to the campus community; text messaging service; in the student newspaper, The Montclarion; and the main MSU Web site. Under some circumstances, public safety advisories will be distributed through electronic mail and paper leaflets suitable for posting.

The University Police Department encourages the campus community to report all crimes and suspicious activities and, when needed, to request police services. The department can be reached by dialing 655-5222.

All reports of crime will be recorded, investigated and reported in accordance with the laws and regulations of the State of New Jersey and in accordance with the definitions used in the Uniform Crime Report system of the U.S. Department of Justice Federal Bureau of Investigation. Other incidents are recorded in accordance with state and campus protocols.

Reporting Emergency Situations

Please follow the following guideline when reporting any crime, suspicious person or emergency situation:

Provide the officer answering the emergency phone with your name and campus/home address.
Report the nature of your call ( car accident, theft, etc...)
If medical assistance is needed, request it immediately and state the nature of the medical emergency.
Provide the officer on the phone with as many details as possible: -Description of activity being observed.
-Description of persons involved.
-Location the person(s) was last seen or their direction of flight.
-Description of any motor vehicle involved.
-Presence of any weapons.
Stay on the phone until the officer receiving the call hangs up. Be calm, speak slowly and obtain the names and addressees of any witnesses.

Daily Crime Log

The University Police maintains a daily crime log of all criminal incidents which includes offense title, location of offense, time of offense, and disposition of the offense if known at the time of reporting or if not in conflict with a police investigation. The log is updated every two days and is available for viewing at University Police Headquarters.

Campus Emergency Response and Immediate Warning

Montclair State University firmly believes that community members are entitled to the most current and informative warnings when serious campus emergencies occur. Through a variety of methods such as text messaging, email, LED signage, postings and verbal announcements, the University will immediately notify the campus community upon the confirmation of a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or staff on campus. The University may at any time issue informational warnings in a timely matter on unconfirmed threats to the community. Certain information may be withheld if it were to compromise efforts to contain the emergency. On an annual basis the emergency warning shall be tested if no actual emergency should have occurred or if activated for a real emergency will be evaluated for proficiency. Community members should visit the main MSU website at www.montclair.edu or the Emergency Web site at www.montclair.edu/emergency for the most up-to-date information. Should the Web be inaccessible, contact University Police at (973) 655-5222.

Missing Persons

The University takes all reports of missing persons seriously. Missing persons reports can be reported to the University Police, Residential Education and Services Staff and any University official who will, in turn, report to the University Police immediately.

Montclair State University's Missing Resident Student Notification Policy

Whistleblower Protection and Anti-Retaliation

It is prohibited to take retaliatory action against any individual with respect to the implementation of any provision of the Clery Act. Community members are encouraged to forward information of any kind as related to crime on campus and should take comfort that no action will be taken against them for the reporting of criminal statistics, violations of policy or points of inquiry.

Montclair State University