DEAN OF STUDENTS OFFICE

COLLEGE POLICIES

This report is filed as required by the federal "Crime Awareness and Campus Security Act," (hereafter referred to as the Campus Safety Act) which was last amended in 1998. The purpose of this report is to provide our faculty, staff and students with campus safety information including crime statistics and procedures to follow to report a crime. The annual report is prepared by the University Police Department and is electronically available online at www.buffalostate.edu/offices/police. Any questions regarding this report should be directed to the Chief of University Police, at Chase Hall, or by telephone (716) 878-6333.

The only State University of New York (SUNY) college located in a metropolitan area, Buffalo State College offers unparalleled educational, cultural and recreational opportunities. More than 11,000 undergraduate and graduate students enjoy tremendous advantages at Buffalo State, both on campus and throughout the community. Buffalo State is the largest four-year college in the SUNY system, with more than 130 undergraduate and 60 graduate programs in the arts, sciences, education, and professional programs. The 125-acre campus is safe, accessible, and attractive, with excellent arts, athletics, and research facilities. It comprises 45 buildings, including 10 residence halls and a public elementary magnet school. The college also has two off-campus facilities, the Great Lakes Center for Environmental Research and Education and a student retreat camp, Whispering Pines.

At Buffalo State College, the safety and well-being of our students, faculty, staff, and visitors is one of our highest priorities. A safe and secure environment can be achieved only through the cooperation of all members of the campus community. This publication is part of our effort to ensure that this collaborative endeavor is effective. We hope that you read it carefully and use the information to help foster a safe environment for yourself and others.

This report focuses on college programs, properties and facilities owned or controlled by Buffalo State College. Buffalo State College is located within the City of Buffalo. The city of Buffalo Police Department (BPD) maintains its own crime statistics. For information on how to access safety and crime information in the city of Buffalo, please contact University Police who will be able to assist you. You can also go to the BPD website which is www.bpdny.org.

Buffalo State is concerned about crime in the community, and works with local law enforcement agencies in the investigation of crimes, and promotion of safety-awareness programs aimed at reducing incidents.

Reporting Criminal Incidents and Other Emergencies

Emergency calls to report a crime or serious incident can be made by calling the University Police Department at 878-6333, 24 hours a day, seven days a week. All crimes or suspicious activity should be reported promptly so that an immediate assessment of the situation can be made and appropriate follow-up measures conducted. Thirty-seven blue-light phones on campus link to the University Police Department. Reports of crime incidents also can be made in person at the University Police Office, Chase Hall 100.

Upon receipt of a call, appropriate police officers or emergency personnel will be dispatched. Criminal offenses are investigated by University Police for future prosecution. The campus community is notified of situations that pose a threat to its safety and well-being through the University Police Incident Report.

Daily Log The University Police also maintain a daily log of crimes and incidents that occur on campus that is available for the public to view. The information is recorded by date, time and general location of the complaint. This daily log is available at the University Police department, Chase Hall 110. Updates are generally made within five business days after the event occurs. While most events are logged, the office of the Chief of University Police may determine that an incident be classified as "confidential" in order not to jeopardize a criminal investigation or the identity of a victim.

Current campus policies regarding procedures and facilities for reporting criminal actions and other emergencies occurring on campus, as well as the institution's response to such reports.

The University Police is the Buffalo State College law enforcement agency, with an office in Chase Hall.

Members of the academic community and visitors to the campus are encouraged to report crimes to the Department's dispatcher from any campus telephone at 6333 or 878-6333 from cellular phones. Crimes and emergencies can also be reported by using one of the campus' "blue light" telephones, This office operates 24 hours a day, seven days a week, 365 days a year, and dispatches patrols to fire and medical emergencies, and to reports of criminal activity.

Members of the campus community can also report criminal incidents to the following offices, which will facilitate the reporting of crime:

• Office of Student Life, 878-4631

• Office of Residence Life, 878-3000

• University Counseling Center, 878-4436

• Dean of Students, 878-4618

• Weigel Health Center, 878-6711

• Director of Athletics, 878-6534

Please note that victims and witnesses may report a crime on a voluntary and confidential basis at any time thru campus support staff as listed above. Without compromising the victim's confidentiality, a confidential report can alert the campus to the fact that an incident has occurred, and can assist University Police in detecting patterns and preventing future crimes from occurring.

In the event of a major emergency, or if there is an event which poses a threat to students, employees, or others, a "Campus Alert Bulletin" will be prepared and distributed in one or more of the following ways:

• NY-Alert

• Campus web site

• Campus-wide e-mail

• Student newspaper

• Campus-wide voicemail message

• Flyers posted on main entrance doors to academic and residence hall buildings

Current campus policies concerning security and access to campus facilities and residence halls and security considerations in the maintenance of campus facilities.

The campus has a Safety Committee and Forum, which conducts facilities audits from a safety perspective and identifies and corrects deficiencies. Campus community members with security concerns should contact University Police directly.

Most campus facilities are open to the public under existing campus policies, with the exception of residence areas, which are limited to residents and guests. All residential entry doors are controlled through electronic access systems.

Buffalo State College provides 24-hour-a-day vehicle-and-foot patrol protection on properties owned by the State University of New York. Most campus facilities are open to the public during day and evening hours when classes are in session. The general public can attend cultural and recreational events on campus with limited access. Campus buildings are locked at night and when classes are not in session and only faculty, staff, and students with proper permission and identification are admitted. Residence halls are locked 24 hours a day.

Security in the Residence Halls Buffalo State College is committed to providing a safe environment in the residence halls. Students are made aware of safety concerns as well as tips on prevention through brochures, pamphlets, floor meetings, and presentations. While there are many safeguards in place for residence hall students, each student must do his/her part to assure a safe and secure environment by adhering to the safety related policies and procedures. Each of the residence halls is supervised by a residence hall director. The hall director is a professional staff person who lives and works in the residence hall. On almost every floor, there is also a resident advisor. A resident advisor (RA) is an upper class student who has received extensive training in many different aspects of residence hall living. The hall directors and resident advisors undergo training in enforcing residence hall safety and security policies as well as being aware of potential safety hazards and concerns. Every residence hall student is provided access to the main entrance of their residence hall through a special electronic device reader at the door. Room access is provided via a key or electronic swipe card. All residence halls are locked 24 hours a day. An on-campus telephone is located at the main entrance of each hall for visitors to contact students for entry. UPSA’s (University Police Student Assistants) are on duty Sunday-Thursday from 10:00 p.m. to 4:00 a.m. and Friday-Saturday midnight to 6:00 a.m. UPSA’s sit at a desk with a telephone at the front entrance of each residence hall to check students ID’s and register guests and visitors entering the residence hall with their host/hostess. They also report any unusual circumstances or situations in the residence hall and are in direct contact with University Police via radio. Although the campus is a safe place to live, there is always the potential for crime.

Student conduct in the residence halls and on campus in general is regulated by the Student Code of Conduct.

Affirmation of the Code of Conduct

In compliance with the April 2004, directive from the Chancellor of the State University of New York, Buffalo State College requires all students to receive and positively affirm the campus’s Student Code of Conduct. Access to Degree Navigator will be denied for students who have not completed the affirmation of the Code of Student Rights, Freedoms and Responsibilities. Students will be automatically redirected to the Code of Conduct affirmation pages each time they attempt to log in to Degree Navigator until they complete the affirmation. Students can affirm they have received and will abide by the Code by selecting the web link http://bscintra.buffalostate.edu/codeconduct to view the Code and follow the few simple steps needed to complete their affirmation. Questions regarding the affirmation of the Code can be addressed to the office of the dean of students, Campbell Student Union, 306, 878-4618.

Sanctions for violation of the Code include: suspension, restrictive disciplinary probation, general probation, residence hall license revocation, residence hall transfer, residence hall probation, residence hall ban, a letter of reprimand, restitution of property, educational sanctions, dismissal or a letter of admonishment. Residence hall students should not be lulled into a false sense of security. All members of campus community need to be aware of the environment and the possible consequences of their behavior. Buffalo State College is committed to maintaining an environment in which students, faculty, staff and guests can work together free from all forms of harassment, exploitation and intimidation. Buffalo State College will act as needed to discourage, prevent, correct and if necessary discipline behavior that violates this standard of conduct.

Current campus policies concerning:(i) law enforcement authorities' working relationship with State and local police agencies

(ii) the encouragement of accurate and prompt reporting of all crimes to University Police and other appropriate police agencies.

i) University Police Officers have full police status, and the state authority, to enforce, investigate and make arrests for violations of all laws and regulations. The Department is in daily contact with all local, state and federal law enforcement agencies. The Department maintains 24-hour-a-day radio and is an active participant in Erie County Central Police Services.

(ii) In posters, media publicity, on our Web site, in the student handbook and many brochures, members of the campus community are directed to dial 6333 from on-campus phones, to use the campus blue light emergency phones, and to dial 911 from off-campus locations to report crimes, as well as in the event of any criminal, medical or fire emergency.

Enforcement Authority of University Police

The New York State University Police is the law enforcement agency for the Buffalo State College campus. The department consists of 29 sworn police officers and two dispatchers who are non-law enforcement personnel. University Police officers are vested with full police powers and responsibilities identical to local police in the community. Officers are trained at the Erie County Central Police Services Training Academy. They receive specialized training in first aid, defensive tactics, legal updates, and other law enforcement topics. With certain exceptions, the law enforcement jurisdiction for Buffalo State University Police is the campus, its grounds, its buildings, and all adjacent and adjoining roadways.

The University Police Department forwards crime incident information to Central Police Services and the Division for Criminal Justice Services for statewide and national distribution. Buffalo State College has a close working relationship with all area law enforcement agencies and routinely shares crime information. Crime reports and related statistical information also are entered into the Erie County CPS CHARMS System for statistical purposes.

Potential criminal actions and other emergencies on campus should be reported by calling 6333, and 878-6333 off campus. For non-emergency situations, dial 878-6332, Monday-Friday 8:00 a.m. to 4:30 p.m.

Campus programs designed to inform students and employees about campus security procedures and practices.

These programs encourage students and employees to share responsibility for their own security and the security of others. Included is a description of crime prevention programs available on campus. University Police Officers conduct crime prevention and awareness programs for the campus, encouraging members of the community to take responsibility for their own safety. They present safety videos, distribute printed materials, discuss safety topics with student, faculty, and staff groups, and publish safety alerts.

The campus has an active crime prevention and safety-awareness program. A police agency that is committed to community policing involves the community in the prevention of crime and disorderly behavior. The Buffalo State University Police provide educational programs to students, faculty, and staff to promote personal safety, increase campus security, and deter crime.

University Police present the following programs in the residence halls and to classes during the semester:

• Self Defense

• Rape Prevention

• Crime Prevention

• Fire Safety

• Bias Crime

• Alcohol Awareness

• Drug Abuse Prevention

• Internet Safety

• What To Do When Stopped By The Police

• Child Protection - Fingerprinting and Video

• Responding To School Violence

The Campus Safety Forum is the college’s advisory committee on campus security. The Safety Forum consists of a minimum of six members, at least half of whom shall be female; one-third of the committee shall be appointed from a list of students that contains at least twice the number to be appointed which is provided by the United Students’ Government, one-third thereof shall be appointed from a list of faculty members that contains twice the number to be appointed which is provided by the College Senate and one-third of whom shall be selected by the president or chief administrative officer.

The Safety Forum reviews current campus security policies and procedures and makes recommendations for their improvement. It specifically reviews current policies and procedures (1) for educating the campus community, including security personnel and those persons who advise or supervise students, about sexual assault, (2) for educating the campus community about personal safety and crime prevention, (3) for reporting sexual assaults and dealing with victims during investigations, (4) for referring complaints to appropriate authorities, (5) for counseling victims, and (6) for responding to inquiries from concerned persons. The Safety Forum reports, in writing, to the college president on its findings and recommendations at least once each academic year, and its report is available upon request to the Office of the Vice President for Student Affairs, Cleveland Hall 519.

The Campus Safety Forum consists of faculty, students, and staff charged with reviewing current campus policies and procedures, making recommendations for their improvement, educating the campus community about personal safety and crime, and responding to inquires from concerned persons. Members of the campus community who have concerns about issues related to personal safety may present them to any member of the forum.

The following faculty and staff members serve on the 2007–2008 Campus Safety Forum: Anthony Hotchkiss, Technology, chair; Charles Kenyon, Student Affairs, administration liaison; Keli Garas-York, Elementary Education and Reading; Latonia Gaston-Marsh, Judicial Affairs; Ronald George, Counseling Center; Koleen Greenawalt, Custodial Services/CERT; Michael Heflin, Residence Life; Shirley Hayes, Art Education; Maureen Lindstrom, E. H. Butler Library; Samuel Lunetta, University Police; Carolyn Murphy, Admissions; Paul Murphy, Custodial Services; James Shea, Technology; and Joseph Zawicki, Earth Sciences. In addition, safety and security programs for students are offered by Residence Life and Student Life offices. Residential students discuss safety issues at mandatory floor meetings. Student Life conducts orientation programming on campus, which include security information.

Campus policy concerning the monitoring and recording through local police agencies of criminal activity engaged in by Buffalo State College students while participating in officially recognized off-campus organizations, including those student organizations with off-campus housing facilities.

Local community law enforcement agencies are encouraged to monitor and respond to criminal activities engaged in by off-campus students and student organizations. The campus participates in neighborhood advisory boards to monitor student activity in the surrounding area. Law enforcement personnel and community leaders are invited to meet with student organization leadership, particularly the campus fraternities and sororities.

Students are advised if they are apprehended for a violation of a law, it is the college's position not to request or agree to special consideration based on student status. Students who violate a local ordinance or any law, risk the legal penalties prescribed by civil authorities.

Description of any drug or alcohol abuse education programs and current campus policies on:

(i) possession, use, and sale of alcoholic beverages

(ii) enforcement of state underage drinking laws

(iii) possession, use, and sale of illegal drugs

(iv) enforcement of federal and state drug laws

Alcoholic Beverages Policy

The college community is subject to state and local usage laws. Specifically, the laws of New York State prohibit anyone under the age of 21 from purchasing alcohol. Furthermore, it is against the law to serve an underage or intoxicated person. These guidelines are designed to recognize current law and to help the campus community apply the law as we plan and conduct programs. Each member of the campus community must take responsibility for obeying the law.

1. Alcoholic beverages may be sold on campus only by licensed and insured vendors as provided in these guidelines.

2. Open alcoholic beverage containers are prohibited in all outdoor and indoor areas of the campus except as provided below. Bringing alcoholic beverages to any event is prohibited.

3. Residence hall students who are 21 or over may consume alcoholic beverages in their living areas. All other residence hall areas shall be alcohol free.

4. Campus departments and sponsored campus/community groups may serve alcoholic beverages under the condition that at least one faculty or staff person shall supervise the event to ensure compliance with state and local laws and the college’s alcohol guidelines.

5. The United Students’ Government shall forward approved major student events where alcohol will be sold to the dean of students for review of the qualifications of potential alcohol vendors and approval of the planned use of alcohol.

6. Whenever alcoholic beverages are served, non-alcoholic beverages and food shall also be made available.

7. Alcoholic beverages may be served only in conjunction with the program. They shall not be used as the main attraction of the event.

8. Students who unlawfully use, possess, manufacture, or distribute alcohol will be subject to the college’s due process disciplinary procedures as published in the Student Handbook and distributed once a year in the Record. Penalties may include probation, suspension, expulsion, and referral for criminal prosecution.

9. The Alcoholic Beverage Control Act provides a penalty of $50 per offense for any person under the age of 21 who is in possession of an alcoholic beverage with the intent to consume it. A person under the age of 21 who presents falsified or fraudulently altered proof of age for the purpose of purchasing, or attempting to purchase, alcoholic beverages is guilty of a violation of the act and is subject to a one year probationary period and fine. A person who uses a falsified driver’s license for the purpose of purchasing, or attempting to purchase, alcoholic beverages may have his or her driver’s license suspended.

Specific questions and comments regarding campus regulations and alcohol-related events should be addressed to the dean of students.

Controlled Substance Policy

1. The unlawful use, possession, manufacture, or distribution of controlled substances and alcohol on Buffalo State College property, or as part of a college-sponsored activity, is prohibited.

2. Students who unlawfully use, possess, manufacture, or distribute controlled substances will be subject to the college’s due process disciplinary procedures as published in the Student Handbook and distributed once a year in the Record. Penalties may include probation, suspension, expulsion, and referral for criminal prosecution.

3. The penalties for illegal use, possession, or distribution of controlled substances can include prison terms ranging from one year to life, and fines ranging from $100,000 to $4 million.

4. Students convicted of drug distribution or possession may have their eligibility for financial aid suspended.

Weapons on Campus

1. Possession or keeping of a deadly weapon or dangerous instrument on campus (including in any vehicle), or use of any object with intent to harm another, is prohibited. Deadly weapons or dangerous instruments include, but are not limited to, firearms, explosives, explosive devices, knives, blackjacks, chukka-sticks, sling shots, kung fu-type weapons. 2. Possession or use of fireworks, firecrackers, etc., is also prohibited. 3. Possession of any CO-2-type firearm, spring-powered firearms, chemical aerosol spray, or pepper aerosol spray is also prohibited. Violators of any section of this policy will be subject to possible criminal prosecution, if applicable, and appropriate disciplinary action from the college.

Campus policy with regard to sexual assaults.

Buffalo State College will not tolerate sexual offense(s) in the work of academic setting. Offenders will be subject to appropriate campus adjudication processes, disciplinary action, and/or criminal proceedings. Buffalo State Colleges’ sexual assault policy is designed to specifically address "the public well being" of Buffalo State students, faculty and staff. To meet this dimension of Buffalo State College's mission statement and as an ongoing goal, we must strive to create a campus community which is intolerant of sexual harassment and all forms of abuse, including sexual assault. In sexual assault instances, the College is committed to the following threefold process: (1) To provide crisis intervention measures and a campus judicial response for the accuser and the accused; (2) To refer students to criminal authorities; and (3) To educate and promote discussion on interpersonal abuse and violence issues.

Definition:

Sexual assault is any sexual behavior between individuals to which one person does not or cannot give full and free consent. Gross sexual imposition is much broader than the traditional concept of rape. Gross sexual imposition involves: (a) sexual act(s) or contact(s) with another which can involve compelling a person to submit by force or threat of force; (b) use of intoxicants to substantially impair a person's power to give consent; (c) engaging in such act(s) when there is reasonable belief that the other person suffers from a mental state which renders him or her incapable of understanding the nature of the contact; (d) when the person is under fifteen years of age; or (e) when the person is unaware a sexual act is being committed.

The abuse of alcohol or other drugs does not relieve individuals of their responsibilities to themselves or others. However, it is unlikely an accuser reporting an assault will be charged with lesser offenses involving drug and alcohol use and possession which occurred in conjunction with the assault.

Prevention:

Buffalo State College attempts to foster a safe learning and living environment on campus for all members of the campus community. To accomplish this, Buffalo State considers the physical surroundings, educational programming that addresses all aspects of sexual assault (safety precautions and prevention, crisis management, reporting, medical and counseling services, availability of legal services, the college discipline system, academic schedules, living arrangement, etc.), and the campus response to sexual assault.

The college continually reviews and modifies its physical surroundings to enhance security and safety, such as campus lighting, locking procedures, blue light phones, escort vans, signage, etc. For further safety information, contact the University Police Department at 878-6333. Buffalo State College develops curricular and co-curricular educational programs concerning sexual assault. Involved students, faculty, staff, and community members provide information and promote discussion on interpersonal abuse concerns. For further information about campus educational programs concerning sexual assault, contact the Counseling Center, Residence Life or the University Police Department.

Response:

Buffalo State College’s response to sexual assault may involve a number of individuals and agencies, i.e., University Police, campus crisis intervention team, medical and counseling services personnel, and Crisis Services. In addition, for on-campus cases, there is a timely campus-based investigation which is confidential and thorough and protects individual rights and due process. The accuser is presented with options about how s/he wants to pursue the complaint.

Reporting:

The guiding principle in the report of a sexual assault is to avoid possible re-victimizing the accuser by forcing the individual into any plan of action. A student who has been sexually assaulted has several options. The available options are:

Student Options:

• Discussing assault with friend, counselor, etc.

• Pursuing medical treatment

• Pursuing counseling services with appropriate agencies

• Initiating a campus judicial and/or criminal complaint for on- and off-campus cases.

• Deciding on the use of her/his name to agencies when filing a complaint

Students can be assured that, when they share assault information with medical, police, and/or College officials, confidentiality will exist within the framework of each agency's governing body (i.e. state law, licensing, FERPA, etc.) and follow a "need-to-know concept".

Buffalo State College Administrative Referrals:

The accuser who chooses to contact a Buffalo State College representative (or a Buffalo State representative who may have been notified by other means) has the following referral options:

• Medical facility

• University Police (investigate criminal complaint)*

• Crisis Intervention Team

• Dean of Students Office for investigation of complaint and possible administrative and judicial action

• Follow-up counseling to: Counseling Center, or non-campus counseling agencies such as Crisis Services.

* Off-campus cases are handled by the Buffalo Police Department and the University Police will assist them in the investigation. A positive and collaborative working relationship exists among state, local, and federal law enforcement agencies and the University Police at Buffalo State College.

Process:

1. In the event of a sexual assault, medical and/or police emergency, University Police should be contacted by calling 878-6333. The accuser is encouraged to seek medical attention. A medical exam will treat physical problems and may answer other medical issues.

2. The accuser is encouraged not to destroy evidence by bathing, douching, changing clothes or cleaning up in any way. The accuser is encouraged to preserve evidence in a paper bag should a report be filed. A report to the University Police can empower the accuser by exercising her/his legal rights and can aid in the protection of others.

3. If the accuser wants to report the assault to the University Police, a crisis services volunteer may be notified for immediate emergency assistance. Additionally, an on-campus advocate from Counseling Center is also available during daytime/weekday hours. A crisis team member could be available to offer support to the accuser who may be experiencing possible conflicting feelings and thoughts and will aid the accuser in developing options. Once those options have been determined, the accuser is entitled to timely responses from the representatives of those agencies chosen.

4. The accuser and the accused may seek assistance at any time from the Counseling Center at no charge. Referrals may be made upon request for relatives, partners and friends of either the accuser or the accused to various support agencies.

5. If the accuser has decided not to report the assault at this time, other alternatives may include:

A. Making a blind report to the police. (A report that notifies the police that a sexual assault has occurred, but gives no names or identification.)

B. Making the decision to report at a later date. However, early reports may improve the preparation of a viable prosecution. Filing a police report immediately following the incident does not force the accuser to file charges and prosecute the accused; however, it does aid in the preservation of valuable evidence if the accuser decides to prosecute at a later date.

C. At any time, the accuser may contact any of the referral agencies previously mentioned for help.

6. The accuser may choose to contact the Dean of Students Office. Initially the student making an accusation can expect the following from the Dean of Students Office (Note: The accuser's options may include, but are not limited to, on-campus judicial proceedings, civil suits and criminal prosecutions. The accuser will be referred to other agencies if appropriate.):

The accuser will be encouraged to file a police report. The police will then advise the accuser of the legal process. The accuser may also be encouraged to seek assistance at the Counseling Center and/or the Health Center. If the accuser does not choose to file a police report, the accuser may still file an administrative (judicial) complaint through the Dean of Students Office, for an on-campus assault as well as seeking support from Weigel Health Center or the

Counseling Center.

Statement of Victims’ Rights

1. Victims have the right to choose counseling and medical treatment, and to prosecute and report their case through the college judicial system and/or the off-campus court system. They also have the right to refuse all these options without reproach from any college personnel.

2. Victims have the right to be treated with dignity and seriousness by campus personnel.

3. Victims of crimes against an individual have the right to be reasonably free from intimidation and harm.

4. College personnel are encouraged to inform all victims that: victims are not responsible for crimes committed against them; victims should always report their crime, despite the possibility of

adverse publicity.

5. Victims will be made aware of appropriate student services, including counseling.

6. Victims are entitled to the same support opportunities available to the accused in a campus disciplinary proceeding.

7. If the accused is prohibited from contacting the victim or entering the victim’s residence the victim will be notified that the ban is in effect.

8. The victim has the right to information regarding the status of his/her case.

Sex Offender Registry Information

• When notified by New York State Division of Criminal Justice Services of the presence of a sex offender on campus, the University Police will use the methods currently employed to make "timely warning" of criminal activity to alert the campus community, in general or in a limited manner, as appropriate. This may include web notices, doorway signs, campus media, and email messages.

• Warnings will indicate that a level 2 or 3 sex offender is now enrolled or employed at the university and will indicate that further information can be obtained at the DCJS website (http://www.criminaljustice.state.ny.us/nsor/index.htm)

Timely Warning Policy at Buffalo State College

The New York State University Police at Buffalo State College in consultation with the college administration are the departments within the college responsible for issuing timely warnings in compliance with the Jeanne Clery Act, 20 U.S.C. § 1092(f) et seq. The New York State University Police at Buffalo State College will continuously work and coordinate with local law enforcement and police agencies.

Anyone with information warranting a timely warning should report the circumstances to the University Police. In the event that a situation arises that requires issuance of a warning, these warnings are provided in order to keep the campus community informed about safety and security matters on an ongoing basis and in an effort to prevent similar crimes from occurring. The decision to issue a timely warning shall be decided on a case by case basis in compliance with the Act and considering all available facts. The timing of the notification shall, in the first instance, be based upon whether the crime is considered a serious or continuing threat to students or employees and the possible risk of compromising law enforcement efforts.

Timely warnings are usually addressed for serious or continuing crimes and may also be issued for other crimes as deemed necessary. Upon receipt of all relevant information, such warnings will, as circumstances warrant, be issued in a manner to best protect the campus community.

Procedure:

When a determination has been made that a timely warning should be issued, the University Police Department and Buffalo State College Administration, will inform the campus community by taking all appropriate steps to ensure timely notification of the campus community including, immediately contacting the college administrators and College Relations Office to allow for appropriate media distribution of the warning. Options for notification of students, faculty and staff include NY-Alert, the college’s emergency communication system provided by the State Emergency Management Office (SEMO). Media notification may include, as appropriate:

(1) Contacting the local media for immediate distribution;

(2) Issuing a campus wide e-mail of the timely notice; and

(3) Printing the warning in the college's student newspaper.

(4) Alerts posted on college Web site

(5) Flyers posted in residence halls

Such warning(s) may include, but are not limited to, the following information: type of crime, date, time, and location of crime, as well as available suspect information.

Hate Crimes and the Law

The Office of University Police at Buffalo State College is mandated to protect all members of the campus community by preventing and prosecuting bias or hate crimes that occur within the campus's jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator's bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the Office of University Police, Chase Hall.

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, the Office of University Police at Buffalo State College also assists in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group within the Buffalo State community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the college's Complaint Procedure for Review of Allegations of Unlawful Discrimination/Harassment or the Code of Rights, Freedoms and Responsibilities for Students. Bias incidents can be reported to University Police, Chase Hall, as well as to the Office of Equity and Campus Diversity, Cleveland Hall, room 415.

If you are a victim of, or witness to, a hate/bias crime on campus, report it to University Police by calling 878-6333 or by stopping by the Office of University Police in Chase Hall. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents can avail themselves of appropriate counseling and support services by contacting the Office of Equity and Campus Diversity, Cleveland Hall, room 415, telephone 878-6210 and/or the College Counseling Center, 2nd floor, Weigel Health Center, telephone 878-4436.

For general information on security procedures at Buffalo State College, refer to the Code of Rights, Freedoms and Responsibilities for Students in the Student Handbook, or visit the Web site for the Office of University Police at http://www.buffalostate.edu/offices/police/services/.

More information about bias-related and bias crimes, including up-to-date statistics on bias crimes, is available from the Office of University Police in Chase Hall.

Campus Crime Statistics

The University Police Department submits monthly crime reports to the Department of Criminal Justice Services through the University Police Office. This data is submitted to the U.S. Department of Justice for the Uniform Crime Report. The following statistics reflect the number of on-campus offenses reported to college officials during the periods listed. In accordance with the revised Campus Security Act, the more inclusive category of sexual offenses has now replaced that of rape. The definition for these offenses can be found in the Uniform Crime Report.

Offense Definitions The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapon law violations, drug abuse violations and liquor law violations are excerpted from the Uniform Crime Reporting Handbook. The definitions of forcible and non-forcible sex offenses are excerpted from the national incident-based reporting edition of the Uniform Crime Reporting Handbook. Robbery: The taking or attempting to take anything of value from the care, custody, or control or a person or persons by force or threat of force or violence and/or by putting the victim in fear. Aggravated Assault: An unlawful attack by one person upon another for inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably would result in serious personal injury if the crime were successfully completed.) Burglary: The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. Motor Vehicle Theft: The theft or attempted theft or a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned, including joyriding.) Weapon Law Violations: The violation of laws or ordinances dealing with weapon offenses, regulatory in nature, such as manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to minors; aliens possessing deadly weapons; and all attempts to commit any of the aforementioned. Drug Abuse Violations: Violations of state and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroine, codeine); marijuana; synthetic narcotics (Demerol, methadone); and dangerous non-narcotic drugs (barbiturates, Benzedrine). Liquor Law Violations: The violation of laws or ordinances prohibiting the manufacture, sale, transporting, furnishing, possessing or intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still; furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)

Sex Offenses (Forcible) Any sexual act directed against another person, forcibly and/or against that person’s will where the victim is incapable of giving consent. Forcible Rape: The carnal knowledge of a person, forcibly and/or not forcibly or against the person’s will where the victim in incapable of giving consent because of his/her temporary or permanent mental or physical incapability (or because of his/her youth). Forcible Sodomy: Oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. Sexual Assault with an Object: The use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity. Forcible Fondling: The touching of the private body parts of another person for the purpose of sexual gratification; forcibly and/or against that person’s will; or, not forcibly or against the person’s will where the victim is incapable of giving consent because of his/her youth or because of his/her temporary or permanent mental incapacity. Sex Offenses (Non-forcible) - Unlawful, non-forcible sexual intercourse Incest: Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law. Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent. Definitions That Were Added or Changed as of 1999 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. Criminal Homicide, Manslaughter by Negligence: The killing of another person through gross negligence. Criminal Homicide, Murder and Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.

2004-2006 Buffalo State College Crime Statistics

This chart includes offenses that were reported to Buffalo State College University Police and other college officials who have significant responsibilities for student and campus activities. These offenses are compiled using the Uniform Crime Reporting procedures in accordance with the provisions of the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act. Crimes on Campus or in Residential Halls

Non-Campus Building or Property

Public Property

Totals

2004

2005

2006

2004

2005

2006

2004

2005

2006

2004

2005

2006

Res.

Other

Res.

Other

Res.

Other

Murder

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Manslaughter

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Forcible Sex Offenses

3

0

7

1

1

0

0

0

0

8*

1*

1*

11

9

2

Non-Forcible Sex Offenses

2

0

0

0

0

0

0

0

0

2*

0*

0

4

0

0

Robbery

0

0

0

2

3

2

0

0

0

7*

6*

15*

7

9

20

Aggravated Assault

2

1

5

1

4

3

0

0

0

5*

2*

16*

8

8

23

Burglary

16

19

25

10

28

19

0

0

0

19*

13*

0

35

48

47

Arson

1

0

3

0

0

0

0

0

0

0

0*

0

1

3

0

Motor Vehicle Theft

0

6

0

3

0

2

0

0

0

30*

8*

4*

36

11

6

Hate Crimes by Prejudices

Race

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Gender

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Religion

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Sex Orientation

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Ethnicity

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Disability

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Hate Crimes by type

Murder

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0

Manslaughter

0

0

0

0

0

0

0

0

0

0

0

0

0

0

0