Clery Act: Current Policies
Regulatory Citation 34CFR668.46(b)(2): Statement of current campus policies regarding:
- Procedures and facilities for students to report criminal actions or other emergencies;
- Policies for making timely warning reports to the campus community;
- Policies for preparing the annual disclosure of campus crime statistics;
- List of the titles of each person or organization reports should be made to for the purpose of making timely warnings and the annual statistical disclosure. This disclosure "must" include a statement disclosing whether or not the institution has a voluntary confidential reporting system for annual crime statistics and a description of the program if they have one.
The current Student Handbook outlines the principles of community living, the policies, and the procedures which govern community life at Simon's Rock. Under "Personal Security," the handbook states that "every member of the Simon's Rock community has the right to security from threats and physical abuse imposed by any person or by a device or substance controlled by any other person. This right includes the right not to come to harm through the neglect of another. Violent behavior will not be tolerated."
The "Code of Student Conduct" defines unacceptable actions, which includes lack of respect for individuals, lack of respect for property, and lack of respect for civil or criminal law. Violation of this code of conduct will result in disciplinary action.
Students should, and are encouraged to report suspected criminal actions to their Residence Director or to the Security Department; employees should report such actions to Security. Simon's Rock has members of its Security force on-duty from 3:30 p.m. to 8 a.m. weekdays and 24 hours a day on weekends. The Director of Security is available Monday – Friday from 8 a.m. – 4 p.m.
Medical Emergencies. If a medical emergency occurs during the hours when the Health Service is open, it should be reported to the Health Service. If a medical emergency occurs in the evening or on a weekend, it should be reported to the Residence Directors on duty or to the Security staff, who will notify the nurse who is on call. Ambulance transport to Fairview Hospital, which is located less than a mile from the campus, can be arranged when necessary through the Residence Director on duty, Security or Health Services. Emergency contact information is posted in each dormitory.
Fire Emergencies. Fires are handled professionally through the Great Barrington Fire Department, which is also about a mile from the campus. In the event of a fire emergency, members of the community should contact the Fire Department directly, as well as notifying Security and the Residence Directors on duty.
Personal Safety Emergencies. Any threat to a student's personal safety or the safety of another should be immediately reported to the Associate Dean of Student Affairs, a Residence Director, or the Security staff.
Maintenance Emergencies. If a maintenance emergency occurs weekdays during business hours, the Physical Plant Office should be notified. On weekends or in the evening, such emergencies should be reported to the Residence Director or the Security staff. A member of Physical Plant is on call at all times and can be reached if necessary.
In the event that a situation arises, either on or off campus, that, in the judgment of the Director of Security, constitutes an ongoing or continuing threat, a campus wide “timely warning” will be issued to the campus community. The warning will be issued through the college e-mail system to all students and employees.
Depending on the particular circumstances of the crime, especially in all situations that could pose an immediate threat to the community and individuals, a copy of the notice will be posted in all residential buildings and at the Livingston Hall Student Union
All crime victims and witnesses, or anyone with information warranting a timely warning are strongly encouraged to immediately report the crime to the campus Security Office and the appropriate police agency. Prompt reporting will assure timely warning notices on-campus and timely disclosure of crime statistics.
Simon’s Rock does not have a voluntary confidential reporting system for inclusion in the annual crime statistics.
Reporting the Annual Disclosure of Crime Statistics:
The Director of Security prepares this report to comply with the Jeanne Clery Disclosure, Campus Security Policy and Crime Statistics Act. This report is prepared in cooperation with the local law enforcement agencies surrounding our main campus, the Student Affairs and Health Service Offices. Massachusetts law requires prompt, mandatory reporting to the local law enforcement agency by health care practitioners (such as those at the Health Service Office) when they provide medical services to a person they know or reasonably suspects is suffering from wounds inflicted by a firearm or is a result of assaultive or abusive conduct. The Department of Counseling and Psychological Services staff inform their clients of the procedures to report crime to the campus Security Department on a voluntary basis, should they feel it is in the best interest of the client. Each year, an e-mail notification is made to all enrolled students and employees that provides the web site to access this report. Copies of the report may also be obtained at the office of the Director of Security (Livingston Hall Student Union) or by calling x7680 (off campus 413-528-7680).
Regulatory Citation 34 CFR668.46(b)(3): Statement of current policies concerning:
- Safety of and access to campus facilities including campus residences
- Security considerations used in the maintenance of campus facilities
The Simon's Rock College campus is private property. The college Security Office is located in the main dorm area. Security registers guests and visitors and maintains a strong and visible presence in the main campus. Additionally, Security patrols the entire campus on foot and by vehicle. Students' guests must be registered according to the policies outlined in the Student Handbook.
All non-residential college facilities are open from 8:00 a.m. to either 6:00 p.m. or midnight, depending on the facility; the library's hours are posted; the Livingston Hall is open 24 hours a day. The main dormitories—Crosby, Dolliver, Kendrick, Hill House and Pibly—are equipped with card key access systems. These residences are secured at all times and residents of these buildings are issued card keys that admit them to their dormitories 24 hours a day. Emergencies may necessitate changes or alterations to any posted schedules.
Members of the college community are free to visit all campus residences at any time, with the following exception: the dormitories which house first-year students—Crosby, Dolliver, and Kendrick—are governed by parietals rules which set times when non-residents are not permitted to be in the buildings. Parietals policies are described in the Student Handbook.
All of the college's facilities are regularly patrolled by the Security department.
Regulatory Citation 34 CFR 668.46(b)(4): Statement of current policies re: campus law enforcement including:
- Enforcement authority of campus personnel and;
- Working relationship of campus personnel with State and local agencies
- Arrest authority of security personnel;
- Policies that encourage accurate and prompt reporting of all crimes to:
- campus police; and
- appropriate police agencies
The security department has the authority to remove unauthorized individuals or groups from any and all facilities, to confiscate any alcohol or drug paraphernalia, and to issue traffic violations on campus. When the security department encounters resistance to its legitimate authority or a potentially dangerous situation, local or state police agencies are notified. Security officers do not possess arrest power.
The security department is responsible for maintaining a cooperative relationship with local law enforcement authorities, and for assisting them, on request, in the investigation of crimes.
Encouragement of Accurate and Prompt Crime Reporting General Procedures for Reporting a Crime or Emergency:
Community members, students, employees, and guests are encouraged to report all crimes and public safety related incidents to the campus security department in a timely manner. To report a non-emergency security or public safety related matter, call the security department at 528-7680 (Monday - Friday 8am - 4pm) and 528-7291 (3:30pm - 8am Monday - Friday / 24 hours on Saturday and Sunday). Security officers are available at these respective telephone numbers to answer your call. In response to a call, campus Security will take the required action, dispatching an officer or asking the victim to report to the security department to file an incident report.
All security department incident reports are forwarded to the associate dean of student affairs for review and potential action by the office of student affairs. If assistance is required from outside emergency response services such as the Great Barrington police department, fire department or EMS, campus Security will contact the appropriate unit. If a sexual assault or rape should occur, staff on the scene, including campus security officers, will offer the victim a variety of services.
The Student Handbook states that "members of the Simon's Rock community are also expected to be law-abiding citizens, and while this is a private college, we remain subject to all federal and state civil and criminal laws. Actions that constitute violations of law off-campus are also prohibited on-campus. Any person who violates the law, on or off campus, is liable for his or her actions and may be subject to civil or criminal proceedings. When the college receives reports or complaints of such illegal behavior by student’s off-campus, it may take disciplinary action. College disciplinary action is not dependent on separate civil or criminal prosecutions by the police or other non-College authorities. The college judicial process is separate from and independent of civil or criminal prosecution or timetables”.
Any member of the college community may report an alleged crime. Residence directors have primary responsibility for seeing that the college's code of student conduct is followed. Violations of that code are handled through the disciplinary procedures of the college (see Student Handbook). A record of all infractions is maintained in the office of student affairs, and is reviewed regularly with the student life staff.
The Student Handbook and various publications (on date rape, Sexual harassment, etc.) encourage students to report all crimes to college authorities.
College procedures concerning the treatment of violations of its drug, alcohol, sexual assault and non-discrimination policies are outlined in the Student Handbook.
Other criminal allegations are reported to the associate dean of student affairs or the director of security, who determines how an investigation should be conducted. If it is determined that a crime has occurred, the dean and the director of security report it to the local police.
The office of student affairs and the security department are responsible for maintaining a record of all crimes reported on campus, and for reporting crimes to the police.
Regulatory Citation 34 CFR 668.46(b)(5) and Regulatory Citation 34 CFR 668.46(b)(6): Description of type and frequency of programs designed to Inform students and employees about campus security procedures and practices to encourage responsibility for personal and community safety. Description of programs designed to inform students and employees about crime prevention.
Orientations of new students and employees, in which such matters are discussed, are conducted regularly. These matters are discussed with students during their annual orientation week. House meetings held in each dormitory also review security procedures as needed.
Each student is issued a room key and instructed to keep her/his room locked when unoccupied. Residence Directors explain to first-year students the importance of cooperating with parietals. Matters concerning the safety of the community are regularly discussed both orally and in writing by the college administration. Students are encouraged to travel together after dark.
Regulatory Citation 34 CFR 668.46(b)(7): Statement regarding the monitoring and recording through local police agencies of criminal activity of off-campus student organizations whose participants are students of the institution. The off-campus student organizations are those recognized by the institution, including student organizations with off-campus housing facilities.
Simon's Rock has no such off-campus student organizations.
Regulatory Citation 34 CFR 668.46(b)(8), Regulatory Citation 34 CFR 668.46(b)(9) and Regulatory Citation 34 CFR 668.46(b)(10): Statement of policy regarding the possession, use, and sale of alcoholic beverages and enforcement of Federal and State underage drinking laws. Statement of policy regarding the possession, use, and sale of illegal drugs and enforcement of Federal and State drug laws. Description of drug or alcohol-abuse education programs.
Students in possession of or under the influence of alcohol or illegal substances are subject to disciplinary action, regardless of their age or where the substance was consumed. The misuse or abuse of prescription medication is also prohibited. The College also prohibits illegal drug and alcohol paraphernalia, including empty alcohol containers, shot glasses, flasks, funnels, bongs, hookahs, and pipes.
Simon's Rock's full policy statements on these matters are published in the current edition of its Student Handbook, Faculty Handbook, and Employee Handbook.
The college's drug and alcohol abuse education program is conducted through its annual series of required health lectures for new students, and through various programs offered through its counseling and health services and by the campus wellness coordinator.
Regulatory Citation 34 CFR 668.46(b)(11): Statement of policy regarding campus sexual assault program to prevent sex offenses, and procedures to follow when a sex offense occurs.
Simon’s Rock is committed to providing a safe educational environment for all students. Rape and sexual assault are criminal offenses, punishable by law, and will not be tolerated. Any student who has been the victim of either one of these offenses may pursue the legal remedies available to them. Simon’s Rock provides options for on-campus assistance to students when an incident of rape or sexual assault has occurred. The safety and well-being of students, both victims and students at large, are the primary concern and focus of this policy. Disciplinary action for individuals found to have violated this policy will be serious. The College educates the student community about sexual assaults and date rape through mandatory freshman orientations each fall. Literature on date rape education, risk reduction, and Simon’s Rock response is available through the office of student affairs and health services. If you are a victim of a sexual assault, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. The security department strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. An assault should be reported directly to a campus sexual assault responder.
Sexual Assault Responders (trained faculty and staff) will be available to provide supportive services to a student who may want assistance in seeking help or in proceeding with a formal action. A list of responders is available in health services and counseling services offices, the office of student affairs, and the security office, as well as on the website. A responder will make contact with a victim at the victim’s request or upon being notified by another faculty or staff member of this request. Responders can provide information about resources on and off campus, as well as campus procedures for addressing rape and sexual assault. Throughout any College proceedings dealing with sexual assault, a complainant or person accused of rape or sexual assault may choose a responder to provide support throughout the process. The responder may be present during investigation interviews and may speak on behalf of the student represented. Responders must report a rape or sexual assault to the College official. Responders will receive a minimum of eight hours of training regarding sexual assault.
A student who has been sexually assaulted by another student and wishes to pursue disciplinary procedures should contact the College official. He or she will respond to a complaint as soon as possible but will take no longer than 48 hours to discuss the situation and initiate a formal investigation. Upon being notified, the College official will provide the complainant with a list of sexual assault responders. The timeframe for initiating action may be extended to accommodate extenuating circumstances, such as when a complaint is made by a third party.
College Responsibility to Act
If a report of sexual assault comes to the attention of school authorities (other than in the services of licensed health or counseling professionals), the authorities have an obligation to act on this information regardless of whether the victim does or does not choose to pursue action on his or her own behalf. The College official will discuss the situation with the victim, follow his or her wishes as closely as possible, and notify him or her of the course of action. Actions may include referral to a sexual assault responder or other support services, notification of parents, reporting to appropriate authorities, formal disciplinary action, or any of the procedures described in this policy and procedure.
If any employee of the College (other than licensed health and counseling professionals) becomes aware that an assault has allegedly occurred on campus, he or she must report this to the College official or a dean in the office of student affairs. If an employee of the College is the accused party, the complaint will be referred to the provost. If the accused employee is found responsible for the incident, he or she will be terminated and reported to legal authorities. If the accused is the provost, the director of human resources will replace the role of the provost. The provost and the director of human resources will be trained regarding sexual assault.
Sexual Assault Campus Officials appointed by the provost and trained regarding sexual assault, has the responsibility and authority to oversee informal and formal proceedings dealing with rape and sexual assault. They will not act in a support or advocacy role to persons involved in an alleged sexual assault incident.
The college will change the victim’s academic and living situations if changes are requested and are reasonably available.
The accuser and accused are entitled to the same opportunities to have others present during a disciplinary proceeding. Both the accuser and the accused shall be informed of the outcome of any College disciplinary proceeding brought alleging a sex offense and the College’s final determination and any sanction against the accused.
If a student is found to be responsible for committing a sexual offense(s) the action may include the following:
- Suspension. The perpetrator may be given the option to reapply following a suspension of at least one full semester. The length of suspension may be for as long as the complainant remains a student. Prior to reapplying, the accused may be required to complete a specified number of individual therapy hours with a person trained in offender issues or an equivalent group offender program as well as any other requirements outlined at the time of the suspension. The College, when considering readmission, will take the recommendations of any counseling professionals into consideration.
- The College will normally report an incident of rape and/or assault to the parents of the accused.
Simon’s Rock Sexual Assault Policy and Procedure which outlines disciplinary proceedings, as well as special guidelines for casACes involving sexual misconduct, are detailed in the Student Handbook.
Regulatory Citation 34 CFR 668.46(b)(11): Statement advising the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained.
State reports regarding registered sex offenders may be obtained at the Security Office.
Regulatory Citation(s) 34 CFR 668.41(e) 34 CFR 668.41(c)(2): Simon’s Rock shall distribute this report by October 1st of each year to all current students and employees by posting the report on an Internet web site (all required recipients are directly notified by the Director of Security, on how to access the report). A paper copy can be requested by contacting the Director of Security. The web site to access the report is https://www.simons-rock.edu/campus-resources/college-offices/security/clery-act-info.
The office of admissions will inform prospective students of the availability of the security report, how to access it on the web and a paper copy should it be requested.
The college’s daily crime log for the most recent 60-day period is open to public inspection during normal business hours at the office of the director of security. Requests to view any portion of the log older than 60 days will be made available within two business days of a request for inspection.
All references to information in this report referring to the Simon’s Rock Student Handbook can be obtained here.