̽̽

Designation and Responsibilities of ̽̽ Reporters

Overview

Body

It is an essential goal of ̽̽ to promote and seek to provide a safe learning, living, working, and campus environment for its community members and visitors.  Towards that end, the University encourages all members of the campus community to contact ̽̽ Police Services when they have been the victim of, or have witnessed, criminal actions, and to contact the Office of Equal Opportunity if they have experienced or witnessed acts of discrimination or harassment.  The University, and in some cases federal law, further requires certain employees ("̽̽ Reporters") to make such reports, as outlined herein.  ̽̽ Reporters are identified and notified annually by the University's Clery Act Coordinator of their responsibilities.

Who needs to read this UOP?

Body

This Operating Procedure applies to all University of Vermont personnel. For the purpose of this UOP, personnel includes, but is not limited to, faculty, staff, volunteers, student employees, and individuals hired or contracted to perform a function that is generally associated with an employment relationship (i.e., temporary employee, student employees).

What else do I need to know?

Definitions
Body

Clery Crimes: the following (alleged) crimes occurring within the University‘s Clery Geography must be reported:

  1. Criminal Offenses (Also called “Primary Clery Crimes”)
    • Murder/Non-Negligent Manslaughter
    • Manslaughter By Negligence
    • Rape
    • Fondling
    • Incest
    • Statutory Rape
    • Robbery
    • Aggravated Assault
    • Burglary
    • Motor Vehicle Theft
    • Arson
  2. Violence Against Women Act (VAWA) Offenses
    • Domestic Violence
    • Dating Violence
    • Stalking
  3. Hate Crimes: In addition to the offenses listed above, where a victim is intentionally selected because of their actual or perceived race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, or disability, the following crimes shall be reported as Hate Crimes according to the category of prejudice evidenced:
    • Simple Assault
    • Intimidation
    • Larceny-Theft
    • Vandalism
  4. State and Local Ordinance Violations: Violations of state, local, or federal weapons, drug, or liquor laws. Note that violations weapons, drug and liquor laws are only reported in the Annual Security Report if an arrest was made or if the matter was referred for campus conduct proceedings.

Clery Geography: is comprised of three property types:

  • On Campus Property: Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and any building or property that is within or reasonably contiguous to such buildings or property that is owned by the institution but controlled by another person and is frequently used by students and supports institutional purposes. [see ̽̽ Main Campus Clery Geography]
    • Student Housing Facilities: A subset of On Campus Property that includes any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus.
  • Non-Campus Property: Any building or property owned or controlled by a student organization that is officially recognized by the institution; or any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
  • Public Property: All thoroughfares, streets, sidewalks, and parking facilities within the campus, or immediately adjacent to and accessible from the campus.

Discrimination, Harassment, and Sexual Misconduct: Please see the Discrimination, Harassment, and Sexual Misconduct Policy.

̽̽ Reporters: An individual with reporting responsibilities related to Clery Crimes that have occurred within the University’s Clery Geography, as well as incidents of discrimination and harassment, including incidents of Sexual Misconduct, that involve a member of the University community (e.g. faculty, staff, student, or affiliate), as detailed in this procedure and defined in the University’s Campus Safety and Security: Clery Act Policy and Discrimination, Harassment, and Sexual Misconduct  Policy.  By way of illustration, ̽̽ Reporters include, but are not limited to:

  • Members of ̽̽ Department of Police Services and contract security personnel;
  • A supervisor, manager, or higher level employee;
  • A chair, director, or dean of an academic unit;
  • Full and part time faculty members;
  • Personnel with oversight responsibilities for students or student employees;
  • Advisors to recognized student organizations;
  • Coaches and coaching staff; and
  • Any other individuals considered to be a Campus Security Authority pursuant to the Clery Act.

For purposes of this Policy, employees who have a legally recognized confidential relationship with the individual who has reported a Clery Crime or incident of discrimination or harassment, such as licensed health care providers and mental health counselors in the Center for Health and Well Being or the Employee Assistance Program (collectively, “Confidential Employees”), do not constitute ̽̽ Reporters when acting within the scope of that role.  However, while Confidential Employees are exempt from the definition of a ̽̽ Reporter, they nevertheless are required by University policy to report de-identified statistical information of discrimination, harassment, and sexual misconduct incidents (including the nature, date/time, and general location) to the Office of Equal Opportunity as detailed in "Step 2" of this Procedure. 

Additionally, for purposes of this Policy, ̽̽ Reporters who are conducting research under the authority of the Institutional Review Board (IRB) shall be exempt from ̽̽ Reporting duties when a disclosure is made within the context of that IRB covered research. The IRB shall adopt appropriate procedures to ensure resource and support information is made available to individuals who make a disclosure that would otherwise be reportable under this Policy and that such individuals are notified that their disclosure does not constitute notice to the University.

Identification and Training of ̽̽ Reporters
Body

It is the responsibility of the University’s Clery Coordinator, in cooperation with the Division of Student Affairs, Human Resource Services, and the Office of Equal Opportunity, to annually identify who, as a result of their job duties at the University, constitutes a ̽̽ Reporter. 

Based on the list compiled by the Clery Coordinator, an annual notice will then be distributed to all ̽̽ Reporters informing them of their responsibilities under federal law and University policy using individuals’ official uvm.edu e-mail addresses. Should a ̽̽ Reporter not possess an official ̽̽ email address, the annual notice will be distributed to them via the email address they have provided the University for official communications. This annual notice will include information and materials detailing what incidents must be reported and how to report in accordance with this policy. 

Additionally, the University strongly encourages all ̽̽ Reporters to complete a comprehensive training program to familiarize themselves with their obligations under federal law and applicable University policies on an annual basis. Information about available training will be detailed in the annual notice, with periodic announcements and updates communicated by the Clery Coordinator.

With respect to contracted security and victim’s services personnel, ̽̽ Reporter designations and responsibilities shall be documented and communicated as part of a services agreement.

Crime Reporting
Body

All ̽̽ Reporters are required to report certain (alleged) crimes, including hate crimes and instances of sexual misconduct, of which they become aware to help inform whether a timely warning or emergency notification to the campus community is warranted; to allow Police Services to optimize the safety of our campus community; to ensure proper statistical inclusion of reported crimes in the University’s Annual Security Report, in compliance with federal law; to facilitate and ensure appropriate support and institutional response in cases of discrimination and harassment, including all forms of sexual misconduct.

Call 9-1-1 immediately if a crime or other emergency is in progress, or if at any time there is an imminent or continuing threat of harm to persons or property. 

In all other cases, upon the receipt of information that a crime or incident of discrimination or harassment (including sexual misconduct) has occurred, the ̽̽ Reporter MUST:

  1. Make the individual with whom they are in contact aware of their option to report the incident to local law enforcement (̽̽ Police Services: 284 East Avenue; 656-3473) and that ̽̽ makes confidential and non-confidential resources available to the campus community that may be helpful to individuals who have experienced or witnessed an alleged crime, or incident of discrimination or harassment. 
  2. Promptly fill out a crime statistic form at ̽̽ Police Services, regardless of whether the individual who disclosed the incident to you chooses to file a police report, as outlined above.

    The name of the alleged victim(s) should not be included unless: 

    • The incident involves abuse or neglect of minors[1] or vulnerable adults[2];
    • The incident presents an “imminent or continuing threat of harm”[3]; or
    • The ̽̽ Reporter is given permission to do so.

̽̽ Reporters are not responsible for determining authoritatively whether a crime took place. A report should be made based on the information currently available to them, including location, name(s) of alleged perpetrators or witnesses, and an incident description.

  1. Promptly contact the Office of Equal Opportunity to facilitate appropriate support and institutional response, if the (alleged) incident involves discrimination or harassment:

[1] Vermont law requires that certain professionals report to the Vermont Department for Children and Families (DCF) any incident arising as to which there is reasonable cause to believe a minor has been sexually abused or neglected. In addition, to protect optimally the safety of minors who are participating in University programs and activities, the University requires any employee who has reasonable cause to believe that a minor participating in such program or activity has been abused or neglected to report the concern promptly to DCF and ̽̽ Police Services. You need not have proof that abuse or neglect has occurred. Any uncertainty in deciding whether to report suspected abuse or neglect should be resolved in favor of making a good faith report.  Please see the Minors; Reporting Abuse or Neglect of and Crime University Operating Procedure.

DCF Child Abuse Hotline: 1-800-649-5285         

̽̽ Police Services: (802) 656-3473

[2] Vermont law further requires that certain professionals listed in 33 V.S.A. § 6903 report within 48 hours to the Vermont Department of Disability, Aging, and Independent Living any incident arising as to which there is reasonable cause to believe a vulnerable adult has been abused or neglected by calling the Abuse Reporting Hotline at 1-800-564-1612.  In addition, to protect optimally the safety of vulnerable adults who are participating in University programs and activities, the University requires any employee who has reasonable cause to believe that a vulnerable adult participating in such program or activity has been abused or neglected to report the concern promptly to the Department of Disability, Aging, and Independent Living and ̽̽ Police Services. You need not have proof that abuse or neglect has occurred. Any uncertainty in deciding whether to report suspected abuse or neglect should be resolved in favor of making a good faith report.  Please see the Vulnerable Adults; Reporting Abuse, Neglect or Exploitation of, and Crimes University Operating Procedure.

Abuse Hotline: 1-800-564-1612                      

̽̽ Police Services: (802) 656-3473

 [3] The University presumes as a matter of policy that incidents of relationship violence and stalking constitute a continuing threat of harm to the targeted individual, thereby requiring notification of ̽̽ Police Services, including names of the individuals involved, to maximize both personal and campus safety, unless such notification by the ̽̽ Reporter is constrained by law (e.g. doctor-patient confidentiality).

 

Compilation of Statistics for Annual Safety and Security Report
Body

̽̽ Police Services is responsible for the collection and compilation of crime statistics for Clery qualifying crimes, including hate crimes, through exercise of their traditional duties, working relationships with area law enforcement agencies, affirmative outreach to law enforcement agencies serving the University’s non-campus property outside of Vermont, and receipt of Reporting Forms through ̽̽ Police Services CSA Webpage.

In addition, ̽̽ Police Services shall query ̽̽ Responsible Officials for campus conduct processes at the close of each calendar year as to violations of state and local ordinances (drug abuse, liquor, and weapons law) occurring within Clery Geography for inclusion within the Annual Security Report, including: (1) the number, (2) location within Clery Geography, and (3) classification of violations (e.g. drug, liquor, or weapons laws).  ̽̽ Police Services, in cooperation with local law enforcement agencies, shall track arrests of the same. ̽̽ Reporters must contact the appropriate campus disciplinary body – Center for Student Conduct (Students); College of Medicine Office of Student Affairs (COM Students); Human Resource Services (Faculty and Staff) – in accordance with applicable University policies, when witness to violations of liquor, drug abuse or weapons laws, or ̽̽ policies concerning the same.

Is there education available?
Body

Training related to this policy is as follows:

Training Topic:̽̽ Reporter Role and Responsibilities
Training Audience:̽̽ Reporters
Method of Delivery:Available through Professional Development and Training
Delivered By:Police Services, the Office of Equal Opportunity, Student Affairs, and General Counsel
Frequency:Recommended Annually
Other Campus and Community Resources
Body

Chittenden Unit for Special Investigations (CUSI) (802) 652-6800

̽̽ Medical Center Emergency Department (confidential) (802) 847-2434

*including SANEs – Sexual Assault Nurse Examiners

Dean of Students Office (802) 656-3380

On-Campus Victim’s Support Services (confidential) Drop In Office Hour Schedule

̽̽ Counseling & Psychiatry Services (confidential) (802) 656-3340

*For after-hours assistance, select voicemail #2.

Howard Center Mobile Crisis Team (confidential) (802) 488-6400

Rapid 24/7 Mental Health Assistance

Student Health Center (confidential) (802) 656-3350

Employee Assistance Program (confidential) (802) 864-EAPØ or (866) 660-9533         

24-hour free and confidential community services are also available in the greater Burlington community specific to individuals who have experienced sexual harassment, sexual violence, relationship violence, or gender-based stalking, regardless of gender-identity or sexual orientation:

H.O.P.E. Works (802) 863-1236 or 

(formerly the Women’s Rape Crisis Center) (800) 489-7273

Steps to End Domestic Violence (802) 658-1996

(formerly Women Helping Battered Women)

*24 hour in-person response to the ̽̽ Medical Center

Emergency Department is available.

SafeSpace (LGBTQA Survivors) (802) 863-0003 or (866) 869-7341

What if I still have questions?

Body

Questions concerning the daily operational interpretation of this UOP should be directed to the following:

Title(s)/Department(s):Contact Information:

Clery Coordinator 

(for Clery crime reporting and ̽̽ Reporter designations questions)

(802) 656-3052

 

̽̽ Police Services

(for safety and crime response)

Emergency: 9-1-1 (6-FIRE if on campus)
Headquarters: (802) 656-3473 

Office of Equal Opportunity 

(for discrimination and harassment reporting)

(802) 656-3368

 

Version History

Body
Responsible Official:Chief Safety and Compliance Officer
Affiliated Policy Number(s):V. 3.3.3
Approval Authority:Chief Safety and Compliance Officer
Effective Date:August 11, 2020
Revision History:
  • Approved by the Vice President for Finance and Administration and University Treasurer May 1, 2013
  • Approved by the Vice President for University Relations & Administration July 15, 2013
  • Approved by the Vice President for University Relations and Administration February 3, 2015
  • Approved by the Vice President for University Relations and Administration on September 27, 2016
  • Responsible official officially changed from the Vice President for University Relations and Administration to the Vice President for Operations and Public Safety (VPOPS) on October 1, 2019. Title of VPOPS changed to Chief Safety and Compliance Officer July 2022 
  • August 11, 2020
  • March 26, 2024

Download PDF

Body