Annual Security Report
TO: Everglades University Students, Faculty and Staff
FROM: Fred Pfeffer,
DATE: August 30, 2014
RE: Annual Campus Safety and Security Report Year Ended 2013
For your information, a copy of Everglades University’s Annual Campus Safety and Security Survey is attached. This report is distributed in compliance with the “Crime Awareness and Campus Security – Clery Act.” Also included in this report is a copy of information relating to Everglades University ‘s Drug and Alcohol Abuse Prevention Programs.
Everglades University’s commitment to safety and security includes:
We believe students, faculty and staff behavior which promotes security awareness is important in all aspects of our lives and we encourage all students, faculty and staff to accept responsibility for their own security as well as the security of other members of the Everglades University community.
As you read the following report, comments, questions or concerns may be addressed to:
STATEMENT OF CURRENT POLICIES REGARDING PROCEDURES AND FACILITIES FOR STUDENTS AND OTHERS TO REPORT CRIMINAL ACTIONS AND POLICES CONCERNING THE INSTITUTION’S RESPONSE TO SUCH REPORTS
Students, Faculty or staff who wish to report criminal actions, should immediately contact the academic administrator or other responsible supervisory personnel. The criminal action should then be immediately reported by students, faculty or staff to the local authorities for assistance and /or investigation. The Everglades University Accident/Incident Report Form is completed with the assistance of the person reporting the criminal action. The report should be filed as soon as possible with the President/Vice President who will follow-up on the report personally or assign responsibility to another appropriate administrator to follow-up and report on the outcome as well as any preventative or other actions taken to insure the safety and security of all staff, faculty and students.
Additional copies of the Everglades University Accident / Incident Report Form may be requested from the Administration Office.
PREPARING THE ANNUAL DISCLOSURE
The Associate Vice Chancellor of Student Financial Services has the responsibility of gathering the data used to prepare the annual campus crime statistics. The data is obtained from reports made to the local law enforcement. Campus crime data is gathered the same day that it is reported. Data is obtained annually from local law enforcement and compared with the data gathered at the University. The resulting data is used to prepare the annual crime statistics report.
A STATEMENT OF CURRENT POLICIES CONCERNING CAMPUS LAW ENFORCEMENT, INCLUDING THE ENFORCEMENT AUTHORITY OF INSTITUTIONAL SECURITY PERSONNEL AND POLICIES THAT ENCOURAGE PROMPT REPORTING OF ALL CAMPUS CRIME TO THE CAMPUS POLICE AND LOCAL POLICE
Everglades University is essentially a non-residential University, and does not have a campus police force. Therefore, all crimes are reported to local authorities as described in the first section regarding policies and procedures to report crimes. Everglades University does not utilize pastoral or professional counselors for this process.
Additional copies of the Everglades University Accident / Incident Report Form may be requested from the Administration Office.
Voluntary confidential reporting: As Everglades University is essentially a non-residential University, and does not have a campus police force all crimes must be reported to local authorities. Local law enforcement will allow a victim or witness to report crime on a voluntary and confidential basis.
A STATEMENT OF PROGRAMS AVAILABLE TO STUDENTS AND EMPLOYEES ON CAMPUS SECURITY, PERSONAL SAFETY AND CRIME PREVENTION
Everglades University provides information on personal safety and crime prevention.
The Student Services Department has available resources addressing Domestic Violence and Stalking.
The Florida Department of Law Enforcement – Florida Sexual Offenders and Predators
Information on sexual offenders and Predators can be obtained by contacting The Florida Department of Law Enforcement (FDLE) Sexual Offender & Predator Unit, P. O. Box 1489 Tallahassee, FL 32302 or by phone at (850) 410-8572, toll free at (888) 357-7332 and email at firstname.lastname@example.org or on the FDLE website: http://offender.fdle.state.fl.us/offender/homepage.do;jsessionid=
TITLE IX COMPLIANCE
TITLE IX POLICY STATEMENT
Everglades University not only complies with the letter of Title IX's requirements but also endorses the law's intent and spirit. The University is committed to compliance in all areas addressed by Title IX, including access to higher education, career education, math and science, standardized testing, athletics, education for pregnant and parenting students, learning environment, and technology, as well as sexual harassment.
The purpose of this policy is to ensure that the University's policies are applied and interpreted in ways consistent with Title IX and other applicable law.
It is the policy of the University to provide educational, preventative and training programs regarding sexual or gender-based harassment; to encourage reporting of incidents; to prevent incidents of sexual and gender-based harassment from denying or limiting an individual’s ability to participate in or benefit from the University’s programs; to make available timely services for those who have been affected by discrimination; and to provide prompt and equitable methods of investigation and resolution to stop discrimination, remedy any harm, and prevent its recurrence. Violations of this Policy may result in the imposition of sanctions up to, and including, termination, dismissal, or expulsion, as determined by the appropriate officials at the University.
THE UNIVERSITY'S TITLE IX OFFICER
Conduct alleged to be sexual harassment will be evaluated by considering the totality of the particular circumstances, including the nature, frequency, intensity, location, context, and duration of the questioned behavior. Repeated incidents or a pattern of harassing behavior may be cause for serious corrective action. However, a more serious incident, even if isolated, may be sufficient cause for action under this policy including referral to law enforcement when applicable.
Quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or the person submits and avoids the threatened harm. Both situations could constitute discrimination on the basis of sex. A hostile environment can be created by persistent or pervasive conduct or by a single severe episode. The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment. Sexual violence, including rape, sexual assault, and domestic and dating violence, is a form of sexual harassment. In addition, the following conduct may violate this Policy:
Other verbal, nonverbal, graphic, or physical conduct may create a hostile environment if the conduct is sufficiently persistent, pervasive, or severe so as to deny a person equal access to the University’s programs or activities. Whether the conduct creates a hostile environment may depend on a variety of factors, including: the degree to which the conduct affected one or more person’s education or employment; the type, frequency, and duration of the conduct; the relationship between the parties; the number of people involved; and the context in which the conduct occurred.
Whether conduct is unwelcome is determined based on the totality of the circumstances, including various objective and subjective factors. The following types of information may be helpful in making that determination: statements by any witnesses to the alleged incident; information about the relative credibility of the parties and witnesses; the detail and consistency of each person’s account; the absence of corroborating information where it should logically exist; information that the Respondent
In addition, when a person is so impaired or incapacitated as to be incapable of requesting or inviting the conduct, conduct of a sexual nature is deemed unwelcome, provided that the Respondent knew or reasonably should have known of the person’s impairment or incapacity. The person may be impaired or incapacitated as a result of drugs or alcohol or for some other reason, such as sleep or unconsciousness. A Respondent’s impairment at the time of the incident as a result of drugs or alcohol does not, however, diminish the Respondent’s responsibility for sexual or gender-based harassment under this Policy.
INVESTIGATIONS OF COMPLAINTS
Based on the outcome of the investigation, the Title IX Officer or their designee will determine if there is sufficient cause to proceed with the complaint. If so, the Title IX Officer or their designee will arrange for an informal resolution conference with the accused. (Complainants do not attend informal resolution meetings but are apprised of the meeting's outcome.) If the accused does not accept responsibility for the allegations and/or the proposed sanction, the Title IX Officer or their designee will determine if the evidence warrants a formal hearing before the Grievance Committee.
The exact nature of the responsive action depends on the circumstances, but may include discipline up to and including suspension or dismissal from the University for a student, staff or faculty who is found to have violated University policies.
Complaints may be made anonymously. While the University endeavors to investigate all complaints, including anonymous complaints, the nature of anonymous complaints makes investigation, determination, and remediation more difficult and, at times, impossible. Further, while the University attempts to protect the identity of complainants who do not wish to be identified, this may not always be possible.
Occasionally, an individual makes a complaint and later wishes to revoke or discontinue the investigation or adjudication process. Similarly, it may occur that someone other than the victim reports an incident, and the victim declines to participate in the investigation or adjudication process. In other instances, complaints may be received anonymously and/or the victim may not wish to be personally identified. The University endeavors to respect the wishes of a victim to either not be identified and/or not participate in the process. In these situations, the University attempts to investigate and address complaints in accordance with the victim's wishes.
If a victim wishes to talk about an incident with the assurance that the discussion will be confidential and will not result in an investigation or follow up action, the University offers confidential resources through the Ombudsman. Contact with the Ombudsman that does not result in a complaint being filed with the University or result in action being taken by the University. Anyone wishing to have an incident investigated, mediated or adjudicated must make a complaint either orally or in writing in accordance with the procedures described above.
In determining whether sex discrimination, sexual harassment or sexual misconduct occurred, the University does not apply the criminal standard of "beyond a reasonable doubt," nor do formal court rules of evidence apply. Instead, the University uses a "preponderance of the evidence" standard, and the University may consider any evidence it deems relevant. A "preponderance of the evidence" means the evidence which is of greater weight or is more convincing than opposing evidence such that it is "more likely than not" that an act occurred.
If the applicable investigatory or adjudicatory process allows for parties to offer witnesses and evidence, the complainant and the accused will have an equal opportunity to do so. The complainant and the accused will be informed in writing of the outcome of the complaint, to the extent permitted by law. An accused who is a student may appeal the outcome to an impartial decision maker. An employee who is deemed guilty shall have whatever rights are granted by law. The particular method and grounds for appeal are explained in the student policies listed above.
The University endeavors to resolve complaints promptly. Ordinarily, the investigative stage will take no longer than 60 calendar days from the time the complaint is received. In exceptional circumstances (including but not limited to especially complex cases or when the University is not in session), it may be necessary to extend these timelines. If that occurs, the parties will be informed of the expected timeline for completion.
The University prohibits retaliation against any individual who in good faith makes a complaint of sex discrimination, sexual harassment, or sexual misconduct or participates as a witness in a proceeding under this or any other University policy. Retaliation is also unlawful pursuant to Title IX and other laws.
A STATEMENT OF CURRENT POLICIES CONCERNING THE SEXUAL ASSAULT PREVENTION PROGRAM AND THE PROCEDURES THAT ARE FOLLOWED
University Notice of Petitioners Rights Under the Violence Against Women Act
No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
Everglades University not only complies with the letter of Title IX’s requirements but also endorses the law’s intent and spirit. The University is committed to compliance in all areas addressed by Title IX including access to higher education, career education, math and science, standardized testing, athletics, education for pregnant and parenting students, learning environment, and technology, as well as sexual harassment.
Sexual harassment and sexual violence are types of sex discrimination. Other acts can also be forms of sex-based discrimination and include dating violence, domestic violence, and stalking. As such should you report a form of sex-based discrimination, The University wants to inform you of our policy and procedures that address sexual assault, domestic violence, dating violence, and stalking, whether the incident occurs on or off campus as well as your rights, and The University’s responsibilities.
As a petitioner of sexual assault, dating violence, domestic violence or stalking, you will receive a full copy of our institution’s Title IX Policy. This policy has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking. These procedures include our right to inform you of your rights to file criminal charges as well as the availability of medical, counseling, and support services. We also offer additional remedies to prevent contact between a complainant and an accused party. The policy also addresses possible sanctions and interim and/or long-term protective measures that the University may impose.
Consent is defined in Florida as “intelligent, knowing, and voluntary consent and does not include coerced submission. Consent shall not be deemed or construed to mean the failure by the alleged victim to offer physical resistance to the offender.” (Florida Statute Chapter 794.011)
Sexual Assault is defined as an offense classified as a forcible or non-forcible sex offense under the uniform crime reporting system of the Federal Bureau of Investigation.
Sexual violence includes any one incident of:
Domestic Violence includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or has cohabitated with the victim as a spouse, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction.
Domestic violence means any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member of another family or household member. A family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who are parents of a child in common regardless of whether they have been married. With the exception of persons who have a child in common, the family or household members must be currently residing or have in the past resided together in the same single dwelling unit. (Florida Statute Chapter 741.28)
Dating Violence: Means violence committed by a person—
The term does not include violence in a casual acquaintanceship or violence between individuals who have engaged in ordinary fraternization in a business or social context.
Stalking: Means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others; or suffer substantial emotional distress.
“Credible threat” means a verbal or nonverbal threat, or a combination of the two, including threats delivered by electronic communication or implied by a pattern of conduct, which places the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her family members or individuals closely associated with the person, and which is made with the apparent ability to carry out the threat to cause such harm. It is not necessary to prove that the person making the threat had the intent to actually carry out the threat. The present incarceration of the person making the threat is not a bar to prosecution under this section “Cyber stalk” means to engage in a course of conduct to communicate, or to cause to be communicated, words, images, or language by or through the use of electronic mail or electronic communication, directed at a specific person, causing substantial emotional distress to that person and serving no legitimate purpose. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person commits the offense of stalking, a misdemeanor of the first degree, punishable as provided in Florida Statutes 775.082 or 775.083. A person who willfully, maliciously, and repeatedly follows, harasses, or cyber stalks another person and makes a credible threat to that person commits the offense of aggravated stalking, a felony of the third degree, punishable as provided in Florida Statutes 775.082, 775.083, or 775.084.
Bystander Intervention: A bystander is someone other than the victim who is present when an act of dating violence, domestic violence, stalking, or sexual assault is occurring or when a situation is occurring in which a reasonable person feels as though some protective action is required to prevent sexual assault, dating violence, domestic violence, or stalking. Bystanders, if active, can prevent harm or intervene before a situation gets worse.
Reporting sexual assault, dating violence, domestic violence, or stalking
After an incident of sexual assault or domestic violence, the victim should consider seeking medical attention as soon as possible at a local hospital that will supply a physical evidence recovery collection kit. In Florida evidence may be collected even if you chose not to make a report to law enforcement. A victim’s name and identifying information will be withheld from the public and press in accordance with the Florida Public Records Law. It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence as may be necessary to the proof of criminal activity may be preserved. In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease.
Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to the University hearing boards/investigators or police. Although the university strongly encourages all members of its community to report violations to law enforcement, it is the victim’s choice whether or not to make such a report, and victims have the right to decline involvement with the police.
To report an incident involving a sexual assault, domestic violence, stalking or dating violence, contact
In Florida, a victim of domestic violence, dating violence, sexual assault or stalking has the following rights:
A person who is the victim of sexual violence or the parent or legal guardian of a minor child who is living at home who is the victim of sexual violence has standing in the circuit court to file a sworn petition for an injunction for protection against sexual violence on his or her own behalf, or on behalf of the minor child if:
Further, the University complies with Florida law in recognizing orders of protection for dating violence, domestic violence, repeat violence, and sexual violence. Any person who obtains an order of protection from Florida or any reciprocal state should provide a copy to their Campus President. A petitioner should then meet with Campus President to develop a Safety Action Plan, which is a plan to reduce risk of harm while on campus, or coming and going from campus. This plan may include, but is not limited to: escorts, special parking arrangements, or other measures to assist the petitioner.
Below are details on how to file a restraining order:
The Hearing is considered a trial and is applicable to Florida Rules of Evidence. Non-authenticated and hearsay are not allowable at the hearing.
To the extent of the victim’s cooperation and consent, all University offices will work cooperatively to ensure that the petitioner’s health, physical safety, work and academic status are protected, pending the outcome of a formal University investigation of the complaint. Additionally, personal identifiable information about the victim will be treated as confidential and only shared with persons with a specific need to know who are investigating/adjudicating the complaint or delivering resources or support services to the complainant. The University does not publish the name of crime victims nor publish any identifiable information regarding victims in the crime logs. Victims may request that their directory information be withheld by making a request in writingto the campus Registrar.
Disciplinary Procedures Following a Complaint
The investigatory process involves interviewing the parties involved and any witnesses while gathering documentary or other evidence. In cases involving alleged criminal conduct, the complainant may file a criminal complaint with the local police department. A complainant need not pursue a criminal complaint in order to seek, or to hold the accused responsible through the University's Student Code of Conduct. As soon as possible, the complainant will be offered appropriate assistance.
This educational campaign will consist of but not be limited to the distribution of educational materials to new students, participating in and presenting information and materials during employee orientation and through newsletters among other means of distribution through the year. The Office of Student Services also has a directory of services that are available to victims within the community to assist those who have suffered from a criminal act.
Risk Reduction/Warning Signs of Abusive Behavior
No victim is ever to blame for being assaulted or abused. Unfortunately, a person who is the victim of sexual or dating violence is more likely to be re-victimized. Below are some tips to help reduce your risk, to recognize warnings signs of abusive behavior and how to avoid potential attacks.
Warning Signs of Abusive Behavior
Domestic and dating abuse often escalates from threats and verbal abuse to violence. And, while physical injury may be the most obvious danger, the emotional and psychological consequences of domestic and dating violence are also severe. Warning signs of dating and domestic violence include:
Help Reduce Your Risk and Avoid Potential Attacks
If you are being abused or suspect that someone you know is being abused, speak up or intervene.
Sexual Assault Prevention (From Rape, Abuse and Incest National Network - RAINN)
Traveling around campus
Part of Everglades Universities compliance with the new Campus SAVE Act requirements for prevention and awareness programs that address domestic violence, dating violence and stalking, the Student Services Department at each campus received and has available on display in the student services department, several relevant brochures. These brochures are from nationally recognized organizations and include awareness and preventive information. These brochures also include help hotlines related to these specific topics.
A STATEMENT OF PROGRAMS AVAILABLE TO STUDENTS AND EMPLOYEES ON CAMPUS SECURITY PERSONAL SAFETY AND CRIME PREVENTION
The Student Services office has a directory of services that are available, within the community, to assist those who have suffered from a criminal act. These services are usually free and are provided by the community.
During the orientation of students, faculty and staff, procedures are outlined to cover the reporting of all criminal acts.
A DESCRIPTION OF DRUG AND ALCOHOL ABUSE PREVENTION PROGRAMS
Everglades University publishes and distributes annually to all current students and employees a copy of the Drug and Alcohol Abuse Prevention Program. Below are the details related to this topic.
Drug and Alcohol Abuse Prevention
Drug abuse affects all aspects of American life. It threatens the workplace, our homes, our schools and our community. The U.S. Department of Education requires institutions of higher education to implement a drug prevention and awareness program for their students and employees through the Safe and Drug Free Schools and Communities Act. All students are expected to conduct themselves as mature adults and as members of an academic community. The consumption of alcohol or drugs while attending class is prohibited and may be subject to disciplinary action.
Standards of Conduct
The University community must adhere to a code of conduct that recognizes the unlawful manufacture, sale, delivery, unauthorized possession or use of any illicit drug is prohibited on property owned or otherwise controlled by Everglades University. If an individual associated with the University is apprehended for violating any drug-or alcohol-related law when on University property, or participating in a University activity, the University will fully cooperate with all law enforcement agencies. Underage possession or consumption of alcoholic beverages is not permitted on property owned or controlled by the University and the state laws will be enforced. Intentionally or knowingly selling, or intentionally or knowingly furnishing alcoholic beverages to persons under the age of 21, or to persons obviously inebriated, is not permitted on property owned or controlled by the University.
Health Risks Associated with the use of Illicit Drugs and the Abuse of Alcohol
Moderate to high doses of alcohol cause marked impairments in higher mental functions and the loss of memory. High doses of alcohol can cause respiratory depression and death. Long-term consumption, particularly when combined with poor nutrition, can also lead to dependence and permanent damage to vital organs such as the brain and the liver. Physical effects of drugs include increased heart rate, bloodshot eyes, dry mouth and throat, and increased appetite. The use of drugs may impair or reduce short-term memory and comprehension, alter sense of time, and reduce the ability to perform tasks requiring concentration and coordination. Motivation and cognition may also be altered making the acquisition of new information difficult. As you can see from the above there are major health risks associated with the use of illicit drugs and the abuse of alcohol.
Federal Financial Aid Penalties for Drug Violations
More information about federal penalties and sanctions is located at http://www.justice.gov/dea/agency/penalties.htm
Penalties for Drug Convictions
Possession of Illegal Drugs
Sale of Illegal Drugs
How to Regain Eligibility
In such cases, the nature and dates of the remaining convictions will determine when the student regains eligibility. The student is responsible to certify that a rehabilitation program was successfully completed. As with the conviction question on the FAFSA, the University is not required to confirm the reported information unless conflicting information is determined.
Convictions During Enrollment
Drug and Alcohol Counseling
Institutional Sanctions for Alcohol and Drug Violations
EMERGENCY RESPONSE AND EVACUATION PROCEDURES- STATEMENT OF POLICY
Everglades University has in place at each campus facility a Campus Response Team (CRT) that utilizes the Operational Protocols. CRT members serve as the Campus Security Authority (CSA).
If you have any questions or need clarification, do not hesitate to contact the campus president/vice president.