Security Policy and Procedures
As a nonresidential college, Empire State College’s facilities consist of office space where faculty members meet with students and administrative work is conducted. Each location has its own procedures for maintaining the security of that particular facility.
This policy complies with Title II of Public Law 101-542, the Crime Awareness and Campus Security Act of 1990.
The cooperation and involvement of all members of the college community is essential to a successful safety and security program. All persons must assume responsibility for their own personal safety and the security of their personal belongings by taking common sense precautions. The college is not responsible for lost or stolen personal items. Students, faculty and staff should report suspicious persons, questionable circumstances, activities or unusual incidents they may observe to the Office of Safety and Security.
Policies can be found at www.esc.edu/SafetyandSecurity.
If a criminal action occurs at any of the college’s locations, it must be reported immediately to the local police and to the center dean or program director. Reporting procedures to the Office of Safety and Security (OSS) are found on the OSS Web site at www.esc.edu/SafetyandSecurity.
Criminal and Incident Reporting
A. Criminal Offense
If a criminal offense occurs at any of the college’s locations, it must be reported immediately. Notification must be made to local police and to the center dean or program director. Individuals who are victims of a crime at or near a college facility, have the responsibility to report such acts to local police and college officials. In each case, the center dean or program director will discuss the situation with the coordinator of campus safety and security and vice president for administration to determine the necessary actions to take. Victims or witnesses to crime also may report the incident to the Office of Safety and Security in Saratoga Springs. Emergency contact information for local police may be located on the Web site at, http://www.esc.edu/SafetyandSecurity. During business hours, college officials will be available to assist victims and witnesses in reporting incidents to police.
B. Incident Reporting Procedure
Empire State College Incident Reporting Procedural Statement
Establish guidelines to assist Empire State College community members in reporting of incidents that may occur to students, faculty and staff. Empire State College is regulated by statute to report specific criminal incidents that have direct correlation to the college. The guidelines that follow will assist individuals in reporting of incidents and streamline the notification process.
Incidents: an incident may be defined as, an action or event that is, has or is going to occur that has an effect on someone or something. For the purposes of this procedure an “incident” is a crime, emergency or incident immediately dangerous to life, health or to the college as a whole.
Incident Report: official report taken by Empire State College with regards to an incident documenting information regarding said incident. A police agency report will serve as an official report under this definition.
Incident Reporting, Criminal or Violent Behavior
Everyone is asked to assist in making the campus a safe place by being alert to suspicious situations or persons and reporting them as outlined below.
Victims who are involved in any on-campus violation of the law such as assault, robbery, theft, overt sexual behavior, etc., are directed not to take any unnecessary risk. Call police at 911 as soon as possible and give them the following information:
• nature of the incident
• location of the incident
• description of the person(s) involved
• description of the property involved
Personnel witnessing a criminal act or noticing person(s) acting suspiciously at a college location, should call the Office of Safety and Security at 518 587-2100 ext. 2800. Empire State College centers/units located on other college locations, such as Alfred, Old Westbury, Plattsburgh and others, should notify college law enforcement offices first.
Witnesses should assist the police when they arrive by supplying them with any additional information requested.
C. Definitions of Offense
Offenses in Campus Crime Reporting use the Federal Uniform Crime Reporting Part I Offenses and their related definitions. These offenses are:
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.
Sex Offenses-Forcible – Any sexual act directed against 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.
• Forcible rape
• Forcible sodomy
• Forcible fondling
• Sexual assault with an object
Sex Offenses – Unlawful, nonforcible sexual intercourse.
• Statutory Rape
Robbery – The taking or attempting to take anything of value from the care, custody, or control of a person(s) by force, threat of force or violence, and/or by putting the victim in fear.
Aggravated Assault – An unlawful attack by one person upon another for the purpose of 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; safe cracking; and all attempts to commit any of the aforementioned.
Motor Vehicle Theft – The theft or attempted theft of 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.)
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.
Hate Crime – Also known as a bias crime, a hate crime is a criminal offense committed against a person, property, or society which is motivated, in whole or in part, by the offender(s) bias against a race, religion, disability, sexual orientation or ethnicity/national origin.
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 Law 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, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Liquor Law Violations – The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transport, furnishing or possession of 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; underage possession; and all attempts to commit any of the aforementioned. (Drunkenness and driving under the influence are not included in this definition.)
Hate or Bias Crimes – Victims intentionally targeted because of actual or perceived race, gender, religion, sexual orientation, ethnicity or disability shall be considered hate or bias crimes. These include crimes of larceny, theft, intimidation and destruction, damage or vandalism of property. Data shall be collected separately on these crimes.
D. Notification to Empire State College Administration
Once the incident has been effectively handled by police, reporting of the incident to college officials is mandatory. Persons reporting are instructed to contact the dean or associate dean of a region to further report the incident that has occurred. Persons reporting also may contact the Office of Safety and Security in Saratoga Springs to report incidents. The Office of Safety and Security will conduct an investigation with the police agency taking the initial report.
Once an incident has been reported to a regional center dean or the Coordinating Center, an incident report will be filed though the Office of Safety and Security at http://www.esc.edu/SafetyandSecurity.
E. Protection and Confidentiality
Nothing in this report shall be construed to permit the college, or an officer, employee or agent of the college, participating in any program under this title to retaliate, intimidate, threaten, coerce, or otherwise discriminate against any individual with respect to the implementation of any provision of this document. At this time, there are no provisions for confidential reporting.
F. Daily Crime Log
In accordance with The Jeanne Clery Act, Campus Safety Act, Empire State College maintains a “daily crime log.” The information contained in this log identifies incidents and or crimes reported to the Office of Safety and Security, occurring on or near a college facility. The information contained in this log identifies, but not limited to, the nature of the crime reported to security or law enforcement, dates and times the incident was reported and occurred, the general location of the incident or crime and the disposition of the complaint if known. The crime log is available for public viewing during normal business hours at the Office of Safety and Security in Saratoga Springs. The log also may be viewed at one of our regional centers through the dean’s office. The most recent 60-day period is open to public inspection, upon request, during normal business hours. Anyone may ask to see the log, whether or not they are associated with the college.
Timely Warning Procedures
A. Empire State College Timely Warning Procedures
If there is a serious campus threat to the Empire State College community, as determined by the coordinator of campus safety and security, in consultation with the vice president of administration, or designee, and the Office of Communications and Government Relations, a “timely warning” would be prepared and distributed to the college community. This information will be disseminated in various forms, via the college e-mail, posted at building main entrances of locations effected, and Office of Safety and Security Web site (http://www.esc.edu/SafetyandSecurity). Such reports shall be prepared and distributed within a timely manner as determined by statute. (1)
Effective Date: 09/15/08, tv
(1) 34 CFR 668.46(e)
Empire State College will make “timely warnings” to the college community about crimes that are considered to be a threat to other students and employees, and are reported to college security or local police agencies. Such reports shall be provided to students and employees in a manner that is timely and that will aid in the prevention of similar occurrences. Crimes reported will consist of the following but not be limited to:
• sex offenses, forcible or nonforcible;
• aggravated assault;
• motor vehicle theft;
• manslaughter; and
Timely warnings issuing this information will be disseminated in various forms, but not limited to, the college telephone network, college e-mail system, posted at building main entrances of effected locations, and the Office of Safety and Security Web site (http://www.esc.edu/SafetyandSecurity). Such reports shall be prepared and distributed within a timely manner as determined by statute.
B. What Constitutes an “Emergency”
at Empire State College
A list of categories, representing the most common types of notification alerts, was developed as a guide for campus notifiers. However, any emergency where health and/or human safety on a SUNY campus is in question constitutes an “emergency.” The list that was developed is:
• Bomb Threat – based on intelligence that indicates the threat is credible.
• Civil Disturbance – large group disrupting normal campus activities.
• Fire – large-scale fire to building(s), wildfires, local community or industry that endangers campus.
• Hazardous Material – dangerous material, (chemical, biological, nuclear) spreading from a contained area.
• Major Road Closing/Incident – unanticipated event that would disrupt safe passage to and from campus.
• Personal Safety – situations that include use of weapons, violence, perpetrator(s) at large, active shooter, hostage situation or missing persons. Any situation, on or off campus, that, in the judgment of the college president, or designee, constitutes an on-going or continuing threat to person or property.
• Suspicious Package – reasonable belief that a package may contain chemical, biological or nuclear substance that would cause harm to persons or property.
• Utility Failure – a major disruption or damage to utilities including gas, electrical or water.
• Weather – severe weather conditions involving flooding, snow/ice/cold, thunderstorm, wind, tornado or hurricane.
• Medical Emergency – pandemic or an event with mass casualties.
Procedures for Contacting Emergency Personnel in a Medical Emergency
Personnel call 9, 911 when someone is seriously sick or injured and indicate to the emergency services operator that a medical emergency exists. Additionally, the following steps should be taken:
• explain calmly the exact nature of the illness or injury
• describe as best as possible the exact location of the emergency
• individuals should stay on the line! The operator will need to ask additional questions
• the operator will make the appropriate notification to local responders.
Security and Access to Campus Facilities
Each location establishes procedures to ensure the safety of its students and employees. While the procedures are appropriate to the particular location, all procedures follow these principles:
1. Keys, access cards and knowledge of the security codes (in buildings with alarm systems) are limited to employees, and only those who may need to be in the building during evenings and weekends are given keys or access cards.
2. Individuals who are no longer employees of the college must turn in their keys/access cards before they leave to the appropriate dean or Office of Human Resources.
3. Where there are receptionists, all visitors and students must check in upon arrival.
4. Employees who organize after hours meetings and events are responsible for security while the meeting is in session and also are responsible for ensuring that the building is secured when they leave.
Campus Law Enforcement
Empire State College’s Office of Safety and Security is located in Saratoga Springs. In conjunction with local law enforcement and individual facility management at our various locations, the office works to ensure the safety and security of the college community as a whole. The office is staffed normally during business hours only and does not provide 24 hour a day coverage nor a patrol force. The office liaisons with law enforcement agencies having jurisdiction at all Empire State College locations. All federal, state and local laws apply at Empire State College. Memorandums of understanding have been forged with local law enforcement for the investigation of crimes that may occur at Empire State College. Representatives of the Office of Safety and Security serve an administrative function and do not possess law enforcement authority.
The college provides no formal crime prevention programs for students and employees. The students are mature adults who live and work in their own communities, many of which publicize the best ways to prevent crime. All staff are advised of building security procedures when they begin employment with the college.
Off-Campus Student Organizations
The college does not have off-campus student organizations or housing facilities.
Crime Statistics Availability Statement
A copy of the Empire State College campus crime statistics as reported annually to the United States Department of Education will be provided upon request and on the Web at www.esc.edu/SafetyandSecurity. Please direct all such requests to the Office of Safety and Security at 518 587-2100 ext. 2800. Information also can be obtained from the United States Department of Education Web site at: http://ope.ed.gov/security/.
The Office of Educational Technology has outlined issues pertaining to computer security – Computer Use Statement, Policies and Procedures – which can be found on the college Web site (www.esc.edu).
Domestic Violence – Workplace Violence Initiative
Executive Order 19, issued on Oct. 22, 2007, requires all state agencies to adopt a Domestic Violence and the Workplace Policy by Aug. 1, 2008. The Office for the Prevention of Domestic Violence (OPDV) has been charged with the responsibility of developing a model policy and sample implementation procedures by Feb. 1, 2008. The workplace violence initiative program and training outline Empire State College adheres to is located on the Office of Human Resources Web site (www.esc.edu/HR).
College policy prohibits, unauthorized possession or use of firearms, explosive devices, fireworks, dangerous or illegal weapons, or hazardous materials.
Empire State College (in accordance with the SUNY policies and regulations*) prohibits any person from possessing firearms at any college facility or college sponsored event without the written authorization of the college’s chief administrative officer. This policy specifically applies to law enforcement officials who may otherwise be authorized to carry firearms while off duty and to other individuals who may be licensed to carry firearms.
This policy prohibiting the possession of firearms does not apply to law enforcement officials in pursuit of official duty when authorized by federal or state law. For purposes of this policy, law enforcement officers who are required to carry firearms while taking on-duty breaks shall be considered to be in “pursuit of official duty” when on such breaks.
* The following SUNY policies and regulations apply:
8 NYCRR Part 590 – SUNY’s regulations relating to firearms; SUNY’s Policy for Firearms on State Operated Campuses; 8 NYCRR Part 535 SUNY’s regulations for the maintenance of public order.