Clery Act Requirements
What is the Clery Act?
Signed into law in 1990, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) is a federal law that requires colleges and universities to disclose certain timely and annual information about campus crime and security policies. All post-secondary public and private institutions participating in federal student aid programs must adhere to these regulations. The Clery Act was championed by Howard & Connie Clery after their daughter Jeanne was murdered at Lehigh University in 1986.
To ensure compliance with the Clery Act, Bard College at Simon’s Rock must meet certain obligations required by federal law. They include: policy disclosure; records collection and retention; and information dissemination.
Policy Disclosure — The College must provide the campus community and the public with accurate statements of current policies and practices regarding procedures for students and others to report criminal actions or other emergencies on campus, security of and access to campus facilities, and campus law enforcement.
Records Collection and Retention — The College is required to keep campus records of crimes reported on campus to campus security authorities, make a reasonable good faith effort to obtain certain crime statistics from appropriate law enforcement agencies to include in the annual security report, and keep a daily crime log open for public inspection.
Information Dissemination — To provide members of the campus community with information needed to make informed personal safety decisions, Bard College at Simon’s Rock must:
- Provide a “timely warning” of any Clery Act crime that represents an ongoing threat to the safety of students and employees.
- Develop and maintain a log of all crimes reported to the security department and ensure public access to the crime log during normal business hours. 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.
- Publish an annual security and fire safety report, make the report available to all current students and employees, and ensure the annual security report is made available to prospective students and employees. Simon’s Rock distributes 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.
Statements Regarding Campus Law Enforcement Authority
Statement: Enforcement authority of campus personnel
The security department is responsible for maintaining a cooperative relationship with local, state, and federal law enforcement authorities, and for assisting them, on request, in the investigation of crimes. The Department is in regular contact with the Great Barrington Police and Fire Departments on matters of emergency preparation and planning. The College also maintains a relationship with the regional emergency planning committee, coordinating efforts to support the safety of the surrounding community as well as the College.
Reporting Crimes and Other Emergencies
Statement: How to Report a Crime or Emergency on Campus
Students 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 a Security Officer available at all times by calling 413-528-7291 or x7291 from any campus phone.
Medical Emergencies. Medical emergency it should be reported to the Residence Directors on duty or to the Security staff, who will notify the appropriate personnel, e.g. the on-call nurse, the emergency room, or an ambulance. Emergency contact information is posted in each dormitory.
Fire Emergencies. All fires emergencies are handled by the Great Barrington Fire Department. In the event of a fire emergency, members of the community should contact the Fire Department directly by calling 9-911, 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 a Residence Director, or the Security staff, who will in turn notify the appropriate authorities.
Maintenance Emergencies. Maintenance 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.
Statement: Encouraging Accurate and Prompt Crime Reporting
Community members, students, employees, and guests are encouraged to report all crimes and public safety related incidents to the campus security department or residence life staff in a timely manner. To report a non-emergency security or public safety related matter, call the security department anytime at 528-7291. 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 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.
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).
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 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.
Statement: Voluntary and Confidential Reporting
Occasionally, victims of crime wish to report a crime but do not want to give their name and/or do not want to pursue action through the criminal justice or college judicial systems.
Professional counselors who receive confidential reports are not required to report these crimes to the dean of student affairs or security for inclusion into the annual disclosure of crime statistics or for the purpose of a timely warning.
A Professional Counselor is defined here as a person whose official responsibilities include providing mental health counseling to members of the institution’s community and who is functioning within the scope of his or her license or certification.
Professional counselors, if and when they deem it appropriate, are encouraged to inform the persons they are counseling of the procedures to a report crime to campus authorities for inclusion in the annual disclosure of crime statistics.
Other than the above mentioned exceptions, Bard College at Simon’s Rock does not have a voluntary confidential reporting system for inclusion in the annual crime statistics.
Crime Alerts and Emergency Notification
Statement: Timely Warnings
If a situation arises, either on or near campus, and there is reasonable belief that the situation could pose an ongoing or continuing threat to the Bard College at Simon’s Rock community, 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 other forms of communicating warnings to the community may be used including, but not limited to, voicemail, signs, word of mouth, announcements made in gathering areas such as the dining hall or student union, or employing College’s emergency alert system.
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.
Statement: Evacuation Procedures
In the event of a fire, the College expects that all campus community members will evacuate by the nearest exit, closing doors and activating the fire alarm system as the y leave. Once safely outside a building, a call should be made immediately to 9-911 and then to the Security Department. Those evacuated will be informed as soon as possible as to the appropriate next steps for the situation at hand. It is College policy that all occupants of a building evacuate when the fire alarm system sounds. At no time should the closing of doors or the activation of the building’s alarm system delay the safe exit from a building.
Statement: 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).
Statement: Criminal Activity Off Campus
The Security Department and Office of Student Affairs are in regular contact with local law enforcement agencies, working closely on any issue or situation that may effect the College and the local community. The College will cooperate with local law enforcement on situations involving our students as much as possible. Though College community members have no authority off campus, it is in the best interest of the college and the surrounding community to inform local law enforcement of concerns or violations of law that effect either community. Bard College at Simon’s Rock has no off-campus student organizations.
**Security Awareness, Crime Prevention and Education
Statement: Security Awareness Programs for Students and Employees
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 and denying access to residential building to those they do not recognize, who live in other dormitories.
Matters concerning the safety of the community are regularly discussed both orally and in writing by the college administration with students. Students and employees are encouraged to travel together after dark and take other precautions to ensure their own safety and the safety of others.
For more timely security awareness information the college community will be alerted through email, posters and signs, the emergency alert system, voicemail, as well as word of mouth.
Missing Student Policy
The Student Life staff and Security will take appropriate steps to locate the student. These steps include, but are not limited to:
- Attempt to make contact with student via email, cell phone, visit to room.
- Seek information from Peer Advocates, roommate, floor-mates, and friends
- Verify student ID card use for dormitory doors within last 24 hours.
- Verify student ID card use in the Dining Hall within last 24 hours.
- Contact Academic Affairs to determine class attendance.
- Seek information from Physical Plant for any information from their staff.
- Seek information from facility managers in the KAC and DAC.
The Student Affairs Office will notify the appropriate emergency contacts within 24 hours when a student is determined missing. The parent or guardian of all students under the age of 18 will be notified. A student may register, with the Security Department, a confidential contact person to be notified when that student is determined to be missing. If no such individual has been provided, the Student Affairs Office will determine, at that time, who must be informed. Only authorized campus officials, law enforcement officers, or a parent or guardian who may assist in a missing student investigation, may have access to this information.
The Security Department will be responsible for filing all related missing person reports with other agencies as may be required. The Dean of Students, or designee, will contact appropriate college administrators and offices on a need-to-know basis.
Sexual Assault Policy
Statement: Policy regarding the prevention and response to campus sexual assault.
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 tol¬erated. 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 as¬sistance 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 be¬ing 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 ad¬dressing 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 situa¬tion and initiate a formal investigation. Upon being notified, the College official will pro¬vide 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 pur¬sue 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 proceed¬ings 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 suspen¬sion 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 cases involving sexual misconduct, are detailed in the Student Handbook.
Statement: Sex Offender Registration.
State reports regarding registered sex offenders may be obtained at the Security Office.
Drug and Alcohol Policy
Statement: Policy regarding the possession, use, or sale of drugs or alcohol.
Students in possession of, under the influence of, or distributing in any way, alcohol or illegal substances are subject to disciplinary action, regardless of their age or where the substance was consumed. The misuse, abuse, or sale of prescrip¬tion medication is also prohibited. The College also prohibits illegal drug and alcohol paraphernalia, including but not limited to empty alcohol containers, shot glasses, flasks, funnels, bongs, hookahs, vaporizers, 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 residence life office, counseling and health services and by the campus wellness coordinator.
Fire Safety Report
|Fire Safety Systems in Bard College at Simon's Rock student residential facilities|
|Facility||Fire Alarm Monitoring Alarm Co. & Security||Sprinkler System||Smoke/Heat Alarms||Fire Extinguisher Devices||Evacuation Plans||Minimum Number of Annual Drills|
|Foster Houses 1-12 (The Mods)*||X||X||X||X||0|
|* Foster Houses are presently unoccupied by students|
Statement: Policy on Portable Electric Appliances, Smoking and Open Flames
The Student Affairs office and the Security Department inspect residential buildings five times per year; twice during fall semester, once prior to the January Intersession, before spring break, then once again over the summer. Inspections prior to the breaks will be announced by the resident directors. These inspections are primarily designed to find and eliminate safety violations. Students are required to read and comply with Student Handbook which includes all other rules and regulations for residential buildings. The inspections include, but are not limited to, a visual examination of electrical cords, sprinkler heads, smoke detectors, fire extinguishers and other life safety systems.
In addition, each room will be examined for the presence of prohibited items (e.g., sources of open flames, such as candles; non-surge protected extension cords; halogen lamps; portable cooking appliances in non-kitchen areas; etc.) or prohibited activity (e.g., smoking in the room; tampering with life safety equipment; possession of pets; etc.). This inspection will also include a general assessment of food and waste storage and cleanliness of the room. Prohibited items will be immediately disabled or confiscated possibly without reimbursement.
Statement: Housing evacuation in the event of a fire.
In the event of a fire, the College expects that all campus community members will evacuate by the nearest exit, closing doors and activating the fire alarm system (if one is present) as they leave. Once safely outside a building, it is appropriate to contact 9-911 and the campus security. Students and/or staff are informed where to relocate to by staff if circumstance warrants at the time of the alarm.
In the event fire alarms sound, college policy is that all occupants must evacuate from the building, closing doors as they leave no training is provided to students or employees in firefighting or suppression activity as this is inherently dangerous and each community member’s only duty is to exit safely and quickly, shutting doors along the exit path as they go to contain the spread of flames and smoke, and to activate the alarm as they exit. At no time should the closing of doors or the activation of the alarm delay the exit from the building. Students and employees with disabilities discuss individualized evacuation plans with the director or security.
Statement: Fire Safety Education and Training Programs Provided to Students and Employees
Fire safety education programs for all students living in on-campus student housing and all employees that have any association with on-campus student housing are held at the beginning of each semester.
These programs are designed to: familiarize everyone with the fire safety system in each housing facility, train everyone on the procedures to be followed in case there is a fire and distribute information on the college’s fire safety policies. During these programs, trainers emphasize that participating in fire drills is mandatory. Students and employees with disabilities discuss individualized evacuation plans with the director or security.
If a fire occurs, students are instructed to leave the building immediately. They should inform the Security Department immediately either by manually activating the fire alarm system at one of the pull stations if it is safe to do so, or by calling 7291 or 0 from a safe location. The student should then report to the predetermined meeting area for their building where they will remain until Security has gathered all relevant information on the incident and has determined that all building residents are accounted for. RDs are instructed to pull the fire alarm as they are leaving the building while assisting the student’s evacuation, if they can do so without risking their safety.
The information provided during the fire safety programs is also available online at any time at: https://www.simons-rock.edu/security/
Statement: Fire reporting
Per federal law, Bard College at Simon’s Rock is required to annually disclose statistical data on all fires that occur in on-campus student housing facilities.
Listed below are the non-emergency numbers to call to report fires that have already been extinguished in on-campus student housing. These are fires for which you are unsure whether the security office may already be aware.
If you find evidence of such a fire or if you hear about such a fire, please contact one of the following:
Bard College at Simon’s Rock Security Department
Main Office: 413-528-7291
Director’s Office: 413-528-7680
When contacting security, please provide as much information as possible about the location, date, time and cause of the fire.