Fort Hays State University
Victor E. Tiger
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 Home > Judicial Affairs >

Judicial Affairs: Annual Security Report
General Procedures for Reporting a Crime or Emergency Timely Warnings
Crimes Disclosed to a Pastoral or Mental Health Counselor Preparing the Annual Disclosure of Crime Statistics
Access to Campus Facilities Security in Residence Halls
University Police Authority and Jurisdiction Security Awareness Programs
Crime Prevention Criminal Activity Off Campus
Alcohol and Other Drug Abuse Sexual Assault Policy
Sex Offender Registration Campus Crime Statistics
 

In 1990, U.S. Congress passed the Student Right-to-Know and Campus Security Act, which required all postsecondary institutions participating in Title IV student financial aid programs to disclose campus crime statistics and campus security information and polices. The act was amended in 1992, 1998 and 2000. The 1998 amendments renamed the law the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act.

The Clery Act requires institutions to disclose three general categories of crime statistics:

  1. Types of Offenses – Criminal Homicide, including: a) Murder and Non-Negligent Manslaughter; and b) Negligent Manslaughter; Sex Offenses including: a) forcible, and b) non-forcible; Robbery; Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson.
  2. Hate Crimes – Disclose whether any of the above-mentioned offenses, or any other crimes involving bodily injury, were hate crimes; and
  3. Arrests and Referrals for Disciplinary Action for illegal weapons possessions and violation of drug and liquor laws.

Fort Hays State University’s Annual Security Report includes statistics for the previous three years concerning reported crimes that occurred on campus. The report also includes institutional policies concerning campus security, alcohol and drug use, crime prevention, the reporting of crimes, sexual assault and other matters. A paper copy of this report may be obtained by contacting the Office of Student Affairs, Sheridan Hall 208, (785) 628-5824.

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General Procedures for Reporting a Crime or Emergency
   Community members, students, faculty, staff, and guests are encouraged to report all crimes and public safety related incidents to the University Police Department in a timely manner. To report a crime or an emergency call 911 (9-911 from an on-campus phone) or the University Police Department, 785-628-5304.
   In response to a call, University Police will take the required action, dispatching an officer or asking the victim to file an incident report. If assistance is required from the Hays Police Department or the Hays Fire Department, University Police will contact the appropriate unit. If a sexual assault or rape should occur, staff on the scene, including University Police, will offer the victim a wide variety of services.
   Fort Hays State University Police uses the Kansas Standard Offense Report, designed by the Kansas Bureau of Investigation, to record criminal activity. Each month, the number of incidents in each crime category is tabulated and reported to the Kansas Bureau of Investigation. At the end of the year, these reports to the Kansas Bureau of Investigation are used to compile the FHSU Annual Security Report. The Fort Hays State University Police makes no provision for including confidential reports of crime in this Annual Security Report.

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Timely Warnings
   On occasion, there will be timely warning notices describing recent crime trends or dangerous incidents in an effort to provide the campus community with information about the incidents and crime prevention recommendations. If it is determined that a specific danger to the campus community, or specific segments of the campus community exists, an appropriate notification to the community of that danger will be made. This determination will be jointly made by FHSU Police and the Office of Student Affairs in consultation with the University General Counsel. The warning will be issued through the University e-mail system to students, faculty, and staff, and posted in each residence hall.
Crimes Disclosed to a Pastoral or Mental Health Counselor
   Crimes disclosed to a pastoral or mental health counselor, serving in that capacity at the time of disclosure, are not subject to mandatory reporting. The term “pastoral counselor” is defined as a person who is associated with a religious order or denomination that recognizes him/her as someone who provides confidential counseling. The term “mental health counselor” is defined as a fully qualified and/or licensed professional whose official responsibilities include providing mental health counseling to members of the University’s community and is functioning within the scope of his/her license or certification. This exemption does not relieve counselors of the duty to exercise reasonable care to protect a foreseeable victim from danger posed by the person being counseled. When speaking to a victim or witness to a crime, counselors are encouraged to inform the individual to report the crime to the police.

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Preparing the Annual Disclosure of Crime Statistics
   Crime statistics that are provided in this annual report are based upon incidents reported by the University Police Department, Office of Student Affairs and Residential Life. FHSU annually reports statistics for the three most recent calendar years concerning the occurrence on campus, in residence halls, and on public property. Campus crime, arrests, and referral statistics include those reported to the FHSU Police, Residential Life and the Office of Student Affairs. Each year, an e-mail notification is made to all faculty, staff, and enrolled students that provides the web site to access the University’s Annual Security Report. Copies of the report may also be obtained at the Office of Student Affairs, Sheridan Hall 208, or by calling (785) 628-5824.
Access to Campus Facilities
   FHSU 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. The University will act as needed to discourage, prevent, correct, and if necessary discipline behavior that violates this standard of conduct.
   During business hours, the University is open to students, parents, employees, contractors, guests and invitees. During non-business hours access to all University facilities is by key, if issued, or by admittance via the University Police Department.

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Security in Residence Halls
   The Department of Residential Life 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 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 hall or apartment is supervised by a Hall Director or Apartment Manager who lives and works in the residence hall.
   On every floor there is a Resident Assistant. A Resident Assistant (RA) is an upper class student who has received extensive training in many different aspects of residence hall living. The hall staff undergoes training in enforcing residence hall safety and security policies as well as being aware of potential safety hazards and concerns. The Department of Residential Life provides an "on-duty" staff member in each hall every night and weekends for assistance with any problems. The names and telephone numbers and locations of on-duty hall staff are posted in the residence halls. Each resident should locate this information in advance of an emergency.
   All residence halls lock their exterior doors between the hours of 11 pm and 6 am. Night Watch personnel are on duty in McMindes Hall and Custer Hall to admit residents during those hours when the doors are locked. Residents of halls for upper-classmen admit themselves using either their University ID card or a key.
   Residents can protect themselves and their property by responsible decisions. Exterior doors should not be propped open at any time. Keeping every room door locked at all times will deter crime, as almost every theft in a residence hall is a result of an unsecured room or unattended belongings. Every security measure taken by the residence hall staff depends on the responsible actions of each resident for its effectiveness.

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University Police Authority and Jurisdiction
   FHSU Police have full power of arrest and work cooperatively with the Hays Police Department, Ellis County Sheriff’s Department, Kansas Highway Patrol and Kansas Bureau of Investigation. The University Police are responsible for investigating and prosecuting criminal cases, enforcing Kansas Statutes pertaining to traffic laws and enforcing FHSU rules and regulations. In addition to preventing crime, considerable effort is devoted to crime intervention. All reported crimes are investigated immediately. Follow-up investigation occurs to identify the criminal(s). When caught, offenders are dealt with swiftly and firmly through the Ellis County Court system and, when appropriate, FHSU Administration. Victims and witnesses are strongly encouraged to report criminal activity to the University Police.
Security Awareness Programs
   A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of their responsibility for their own security and the security of others.
   The University Police Department works collaboratively with Student Residential Life, Student Affairs, Drug and Alcohol Awareness Network (DAWN), and Kelly Center to offer series of lectures and presentations to university groups each semester, as well as, on a request basis covering all areas of personal safety. Students are encouraged to make use of these informative opportunities to help them eliminate concerns about personal safety.
   When time is of the essence, information is released to the university community through security alerts posted through the university’s e-mail system to students, faculty and staff, and postings in the residence halls.

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Crime Prevention
   A common theme in crime prevention is awareness of your surroundings at all times. FHSU encourages students and employees to take responsibility for their own security and the security of others. Members of the campus community are urged to secure their valuables and be aware of their surroundings. To assist in this endeavor, there are educational programs each semester on a variety of topics including personal safety awareness and security, rape awareness education, and crime prevention. Information of safety and security is also provided on request to students and employees regularly via presentations, posters, brochures, college and student newspapers, and other printed materials.
   Emergency Call Boxes serve as a means of communicating with the University Police in times of emergency. They have been installed in various locations on campus. Any student in the vicinity who needs help for themselves or someone else can access these phones, and press the call button. The student is connected to the Campus Police. Even if nothing is said, police are notified and dispatched to the location.
   Each year the University has a campus safety walk program sponsored by the Student Government Association (SGA). University officials walk the entire campus with SGA members noting any safety concerns such as lights burned out, trees or shrubs that need to be trimmed or any dark sidewalk paths. The University then addresses any needs listed and reports back to Student Government on the resolution and the date and time it was completed.
   The Physical Plant Department maintains the campus buildings and grounds with a concern for safety and security. The staff inspects campus facilities regularly, promptly makes repairs affecting safety and security, and responds immediately to reports of potential safety and security hazards, such as broken windows and locks. If you have concerns about the physical safety of campus buildings and grounds, call the Physical Plant Office, Monday through Friday, 8:00 a.m. to 4:30 p.m., at (785) 628-4424. For emergencies that occur during off business hours, call the University Police Department at 625-1011.

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Criminal Activity Off-Campus
   FHSU sororities and fraternities are located off campus and fall under the jurisdiction of the Hays Police Department. The Office of Student Affairs maintains contact with recognized fraternity and sorority organizations. Student Affairs and University Police have a close working relationship with the Hays Police Department when violations of federal, state, or local laws occur. This cooperative team approach addresses situations as they arise as well as future concerns.
Alcohol and Other Drug Abuse
FHSU Philosophy | Policy | Sanctions | Referral Sources
Sexual Assault Policy
   Sexual assaults violate the legal rights of individuals and undermine the university as a civil and caring environment within which to learn and work. To address the myriad issues presented by sexual assaults, the university will: (1) provide educational information about the nature of sexual assaults and how they can be prevented; (2) offer support and assistance for those who have been sexually assaulted; and (3) administer appropriate consequences to those who have been judged responsible for sexually assaultive acts.

Definition of Sexual Assault
   A sexual assault is an act of rape, forcible sodomy, and forcible sexual penetration, however slight, of another person’s anal or genital opening with an object. Touching an unwilling person’s private intimate parts (defined as genitalia, groin, breast, buttocks or clothing covering them) or forcing an unwilling person to touch another’s intimate parts is also assaultive behavior. When committed either by force, threat, intimidation or through the use of the victim’s mental or physical helplessness of which the perpetrator was aware or should have been aware, these acts constitute sexual assaults.
Policy
   No form of sexual assault will be tolerated at FHSU. This policy prohibits acts defined as sexual assaults as well as attempts to coerce an unwilling person to engage in sexual activity. In order to implement this policy, the university will engage in timely educational activities to inform members of the community about the types of sexual actions deemed unacceptable and how assaultive situations can be prevented and/or avoided. The university will also take action against those who violate this policy.

Procedure
   Any individual can report an incident that he/she perceives to be a sexual assault. However, university staff, including residence hall assistants, is required to report incidents of which they become aware to the Director of the Kelly Center. Victims of sexual assaults will be encouraged and assisted to report assaults to civil authorities. The university has established procedures for investigating and administering sanctions in instances of sexual assaults.

Reporting Procedures
   1. University Police should be notified immediately after an incident. The purposes of this initial contact are to render immediate assistance to the victim, to protect evidence associated with the assault, and to protect others who may be assaulted.
   2. The person who has been sexually assaulted should seek immediate medical attention from the Student Health Center, a hospital or a personal physician. The medical examination is important. The physician will collect specimens and make detailed notes about the physical evidence such as bruises, cuts and traces of semen. The victim of sexual assault can decide later whether or not to pursue legal action against the attacker. However, evidence can only be collected immediately after the assault. It cannot be retrieved later. The healthcare professional can test later for sexually transmitted disease and pregnancy.
   3. As soon as possible, University Police should contact the Kelly Center on-call psychologist to provide psychological support to the victim. The goals of this intervention are to stabilize the victim’s condition, to present to the victim alternatives for continued support and to present options for redressing the assault through administrative and/or civil procedures.
   4. The on-call psychologist will notify the Director of the Kelly Center (campus sexual assault coordinator) that a sexual assault has occurred. The university will make changes to a student’s academic and living situations after an alleged sex offense, as long as the victim requests those changes and they are reasonably available. A report of the incident will be filed in the Kelly Center and a copy of all documents associated with it forwarded to the Assistant Vice President for Student Affairs in charge of campus judicial procedures in the Office of Student Affairs.

Administrative Review Procedures
   1. The Assistant Vice President for Student Affairs will follow the disciplinary procedures of the University.

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Sex Offender Registration
   In accordance to the “Campus Sex Crimes Prevention Act” of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the Fort Hays State University Police Department is providing a link to the Kansas Bureau of Investigation Sex Offender Registry. This act requires registered sex offenders to indicate when they are enrolled or employed at institutions of higher learning.
   The law further requires state law enforcement authorities, in this case the Kansas Bureau of Investigation, to provide the Fort Hays State University Police Department with a list of registered sex offenders who have indicated that they are either enrolled or employed at Fort Hays State University.
   Fort Hays State University is required to inform the campus community of the existence of the list and where it is available for review. The list is available at http://www.fhsu.edu/police/list.shtml. Hard copies of the files can be viewed by contacting Ed Howell, Fort Hays State University Police Department. Ph# (785) 628-5304.
   For additional information on the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act visit http://www.ojp.usdoj.gov/BJA/what/02ajwactcontents.html.
A list of registered sex offenders is available from the Kansas Bureau of Investigation at http://accesskansas.org/kbi/ro.shtml.

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