Transcription
2021-2022 Annual DisclosureStudent Right-To-Know and Campus Security (Clery Act)Annual Security ReportTitle IX and Sexual Misconduct PolicyAlcohol & Substance Abuse PolicyStudent Rights under FERPA(The Family Educational Rights and Privacy Act)This document includes information for:MiramarSeptember 30th, 20211
Table Of ContentsCampus Watch . . 3Annual Security Report . .3Reporting Crimes and Emergencies . .3Emergency Response Plan .3SIREN Emergency Alert System . 4Campus Access, Facility Security and Law Enforcement . .4Safety and Security . .5Title IX and Sexual Misconduct Policy . . .6Campus Sex Crimes Prevention Act . .32State Sexual Offender Registry List . .32Alcohol and Substance Abuse Policy . .35Drug Free Schools & Communities Act . .36Laws Regarding Alcohol and Drugs. 37School Sanctions*. . 47Local Treatment Resources . .48Student Rights Under FERPA . .49Directory Information. .50Voter Registration . .50Student Right to Know and HEOA Disclosures 50Unauthorized Distribution of Copyrighted Materials . . .51Campus Crime Statistics .53Jurisdictional Definitions .542
Campus WatchIt’s your campus – Protect it!A truly safe campus can only be achieved through the cooperation of students, faculty, and staff. As a memberof the DeVry University community, it is your responsibility to report a crime, suspicious activity, or otheremergencies on campus or in virtual university activities to the appropriate school official. Should you becomea witness to or victim of a crime, immediately report the incident to local law enforcement officials, the StudentServices office, or to the Incident Commander. All crimes will be investigated and when appropriate, brought tothe attention of the Student Services office for disciplinary hearing.Purpose of the Annual Disclosure ReportDeVry University prepares this report to comply with the Jeanne Clery Disclosure of Campus Security andCrime Statistics Act. The full text of this document can also be found on the Student Consumer Informationpage -info.html ) or by visiting your local Student Centraloffice. This report was prepared with the assistance of local law enforcement agencies. Campus crime, arrest,and referral statistics include those that were report to local law enforcement and campus faculty and staff.This data may also include crimes that have occurred in private residences or businesses adjacent to thecampus.Reporting Crimes and EmergenciesWhen making your report of an incident you will be asked to provide the following information:1.2.3.4.Description of the incident.Date, Time, and Location of the incident.Description of the persons or vehicles involved in the incident.Detail regarding who was notified about the incident.Upon receipt of this report DeVry University will determine the appropriate response, which could includedisciplinary action against the offender(s), notification to local law enforcement, notification to the campuscommunity, or other public safety alternatives deemed appropriate given the circumstances. Please note thatyour identity may not be confidential when reporting an incident. DeVry University does not have proceduresfor voluntary, confidential reporting of crimes.DeVry University does not have colleagues that serve as pastoral or professional counselors. DeVry Universitycontracts with APSIRE, an organization designed to help students overcome obstacles and achieve successboth in and outside the classroom. ASPIRE supplements the University’s other student services. ASPIREincludes a wide range of support services such as counseling, legal, and financial consultation, as well asreferrals to housing, childcare and other resources for meeting daily life needs. ASPIRE has procedures inplace to encourage students to report incidents to local law enforcement; DeVry University has procedures torequest crime statistics from local law enforcement offices for inclusion in the annual security report and webbased report to the Department of Education.DeVry University will contact the Broward County and Miramar City Police department and propertymanagement to monitor and record crimes that occur within the designated area surrounding the campus thathave been reported to the local police.All Emergencies – Dial 911Emergency Response Plan (ERP)DeVry University will, without delay, and taking into account the safety of the community, determine the contentof the notification and initiate the SIREN notification system, unless issuing a notification will, in the3
professional judgment of responsible authorities, compromise efforts to assist a victim or to contain, respondto, or otherwise mitigate the emergency.The Incident Commander will determine if there is a significant emergency or dangerous situation and whatsegment of the campus community will need to receive a notification.DeVry University will: Test emergency response and evacuation procedures on an annual basis.Document each test, including the date, time, and whether it was announced or unannounced.Publicize emergency response and evacuation procedures in conjunction with at least one test percalendar year.SIREN Emergency Alert SystemIn the event of an emergency or a potentially dangerous threat to the campus or center arises, students,faculty, and staff will receive timely notification via the SIREN system, on campus flyers, and/or emailannouncements. This includes any Clery Act crimes that are reported to the campus IC (Jackie ChristopheHayot) or local police and are considered to represent a serious or continuing threat to students, faculty, andstaff. In the event of an emergency, DeVry University’s communication team in conjunction with local lawenforcement and the DeVry University Security department, will develop communications to distribute digitallyto the wider community. Please make sure to keep contact information update in SIREN through the studentportal at https://learn.devry.edu/ for students and the DeVry University Staff Portal at https://dvu.okta.com/ forfaculty and staff.Area Police and Fire Non-Emergency Numbers:County/CityBroward County/MiramarPolice954-602-4000Fire and Paramedic954-602-4801Campus Access, Facility Security, and Law EnforcementMiramar CampusThe University Facilities department ensures the building and grounds are maintained with a concern for safetyand security. Facilities staff inspect the facility regularly, promptly arrange for repairs affecting safety andsecurity hazards, and respond to reports of potential safety and security hazards such as broken windows,locks, etc. Students, faculty, and staff can assist the Facilities staff by calling building security at (954) 4999741 to report concerns. Additionally, the Facilities team routinely inspects the grounds and building to reviewlighting and other environmental concerns for safety.There are fire alarms and pull stations throughout the facility that should be used only in the event of anemergency. If an emergency requires evacuation, there are signs clearly posted throughout the buildingindicating the best routes for evacuation.The building is generally open from 7:00 AM to Midnight Monday through Thursday and 7:00 AM to 6:00 PMFriday and Saturday. When the building is closed, it is locked and monitored by a security company. Access toclassrooms and laboratories is limited to those enrolled in the courses meeting there. Access to on- and offcampus activities is limited to actively enrolled students and their guests. Students are responsible for thebehavior of their guests at all times at campus-arranged events. DeVry University reserves the right to requirethat DeVry University identification cards be presented for admittance to certain locations and events. DeVryUniversity may also require students to register their guests with Student Services prior to attendance. Student,faculty, and staff identification cards should be worn at all times.The on-duty security officer serves as an escort and on -campus security from 7:00 AM to 11:00 PM Mondaythrough Friday and from 7:00 AM to 6:00 PM Saturday. The security officer must be called to respond toemergencies and can be contacted at (954) 226-0432. The security officer has the authority to ask questions4
and request identification at any time. The security officer does not have the authority to make arrests. Criminalincidents will be referred to local law enforcement. DeVry University does not currently have a memorandum ofunderstanding with local law enforcement.All crime victims and witnesses are strongly encouraged to report incidents to both campus security and localpolice. Prompt reporting will ensure timely warning notices to the campus community and timely disclosure ofcrime statistics.DeVry University does not have student housing facilities. Students living off-campus should check with theirlandlord for any specific safety and security measures available at their facility. Although most facilities providekeys for individuals and restrict access to apartments, the level of additional security varies from complex tocomplex. Crimes committed off-campus should be immediately reported to the police department withjurisdiction.The campus security department maintains a policy concerning the monitoring and recording, through localpolice departments, of criminal activity in which students engaged at off-campus locations of studentorganizations officially recognized by the institution.Important Emergency Contact Information for Each LocationLocation Address & PhoneMiramar Campus2300 SW 145th Ave.Suite 132Miramar, FL 33027After hours emergency #Building Phone #954-226-0432Fire Dept. Phone #911Police Dept. Phone #911954-226-0432911911Safety and SecurityCAMPUS CRIME STATISTICS ARE INCLUDED AT THE END OF THIS DOCUMENTCampus safety and security is the shared responsibility of students, faculty, and staff. To enhance student,faculty and staff awareness of their responsibility for personal safety, various information and services,including but not limited to, the following may be provided throughout the year: Pamphlets on personal safety.Emergency safety information.Safety/security displays in common areas and/or student central office.Use of institution publications as a forum for personal safety topics.Institution inspections to consider security precautions.Escort services provided by on-duty security officer.Safety and Security TipsPersonal Stay alert and tuned in to your surroundings.Communicate that you are calm, confident, and know where you going.Stay away from isolated areas.Stay on the part of sidewalks furthest away from shrubs, dark doorways, and alleys.Walk with a companion whenever possible.Check the back seat before getting into a car. Keep doors locked while driving.Don’t overload yourself with packages or wear shoes or clothing that restricts movement.Avoid displaying large amounts of cash or jewelry.Carry a purse close to your body. Carry a wallet in an inside coat or front trouser pocket.5
If you think someone is following you, abruptly switch directions and walk toward an open store,restaurant or lighted home.Don’t hitchhike or pick up hitchhikers.Park in well-lighted areas.Avoid isolated bus stops at times when few other people are around.Do not reveal your name, phone number, or address to strangers.Never admit that you are alone or that you will be away from home.Keep an eye on neighbors homes or apartments while they are away and have them do the same foryou.Keep your local police department’s phone number next to your phone.Residence Keep doors locked at all times.Draw shades and curtains whether or not you are at home.Keep money and jewelry locked in a safe place.Leave a light on while you are away or use a timer.Secure sliding glass doors with commercially available locks or a rigid wooden dowel in the track.Don’t hide spare keys in mailboxes, planters, or under doormats.Make a record of your valuables and keep it in a safe spot.Don’t leave a note that says you are not in.Never prop doors open.Keep ladders and tools in a locked area.Have someone cut your lawn while you’re on vacation.Vehicle Always lock your car and remove the keys. Make sure the windows are closed.Lock all valuables in the trunk.Never leave an ID tag on your key ring.Leave only the ignition key with parking attendants.Park in well-lit areas.Office Keep your purse, wallet, and other valuable items with you at all time or locked in a drawer or closet.Never keep keys lying out.Never leave change or cash on the desk or in a top drawer.Notify security personnel of any suspicious persons or vehicles.Lock doors when working after normal hours.Report any broken or flickering lights, and doors that don’t lock properly.Title IX and Sexual Misconduct PolicyI.PurposeDeVry University’s (University) community, guests and visitors have the right to be free from all forms ofsex and gender-based misconduct, discrimination and retaliation, examples of which can include acts ofsexual harassment, sexual assault, dating violence, domestic violence, and stalking. All members of thecampus community are expected to conduct themselves in a manner that does not infringe on the rights ofothers.6
As a recipient of Federal financial assistance, the University is required by Title IX of the EducationAmendments of 1972 to ensure that all of its education programs and activities do not discriminate on thebasis of sex and gender. Sex includes sex stereotypes, gender identity and expression, sexual orientation,and pregnancy or parenting status. The University’s policies and procedures were created to comply withfederal and state laws, and to ensure a fair, prompt, and impartial process for all parties involved in asexual misconduct allegation. Any acts that meet this policy’s definitions of Sexual Misconduct or Title IXSexual Harassment are a violation of the University’s policy, and potentially applicable state and federallaw.II.Scope 1This policy applies to all members of the University’s community, including administrators, faculty, staff,students, applicants, visitors, volunteers, vendors, contractors, guests, and persons attempting toparticipate in the University’s programs and activities. This policy prohibits sexual harassment meetingspecific definitions according to the Title IX regulations, as well as other Sexual Misconduct, not fallingunder specific Title IX regulatory definitions.This Policy applies to Title IX Sexual Harassment that occurs in the United States, within the University’seducation programs and activities and is committed by a member of the University community. Reports orcomplaints of Title IX Sexual Harassment will be governed by the University’s Title IX Sexual Harassmentprocedures. This policy also applies to Sexual Misconduct occurring on-campus or off-campus when theoff-campus conduct: occurs during a University sponsored employment or education activity or program;adversely impacts the education or employment of a member of the University community; orotherwise threatens the health and/or safety of a member of the University community.Reports of Sexual Misconduct will be governed by the University’s Sexual Misconduct procedures. TheUniversity will assess reported conduct in each instance to determine applicability under this policy and todetermine the appropriate procedure.When the person alleged to have committed a violation of this policy is a member of the University’scommunity, a grievance process may be available, regardless if the Complainant is or is not a member ofthe community, but Complainants must be attempting to access the University’s programs and activities tomake a formal complaint of Title IX Sexual Harassment, as further described below.The University’s ability to implement grievance procedures against individuals who are not members of theUniversity community may be limited. Where a complaint or report alleges conduct that allegedly orpotentially includes acts of both Title IX Sexual Harassment and Sexual Misconduct, and where theallegations involve the same parties or are otherwise materially related, the allegations will be consolidatedand addressed using the Title IX Sexual Harassment Procedures.III.TerminologyThe following definitions clarify terminology used throughout this policy.1. Actual Knowledge means notice of sexual harassment or allegations of sexual harassment to theUniversity’s Title IX Coordinator or any official of the University who has authority to institute correctivemeasures on behalf of the University. When the University has actual knowledge, it must respondpromptly by offering the Complainant supportive measures. University officials that have the authority toNon-Title IX sexual misconduct between colleagues and individuals other than students will utilize the resolution processoutlined in the colleague Anti-Harassment and Non-Discrimination Policy.17
institute corrective measures include the Title IX Coordinator, Deans, Directors, Vice Presidents, andthe President of the University.2. Appeals Officer refers to an individual responsible for reviewing appeals after a written determinationhas been issued to the parties at the conclusion of a hearing.3. Clery Act refers to the Jeanne Clery Disclosure of Campus Security Policy and Campus CrimeStatistics Act, 20 U.S.C. Section 1092(f); 34 C.F.R. Part 668.46. The Clery Act requires that institutionsannually disclose certain crimes which have occurred within a geography that includes campusbuildings and adjacent locations. Annual disclosures are released on or by October 1st each year.4. Complaint Administrator is an individual, typically a University colleague, responsible for conductingan investigation into student complaints. The Title IX Coordinator, or a designated appointee, isresponsible for investigating Title IX Sexual Harassment and Sexual Misconduct allegations. To locatethe complaint administrator for a specific location, please visit the Student Handbook.5. Complainant is the individual who is alleged to be the victim of conduct that could constitute SexualMisconduct or Title IX Sexual Harassment.6. Conduct Administrator is an individual, typically a University colleague, authorized to administerdisciplinary proceedings for alleged violations of the Student Code of Conduct and this Policy. Aconduct administrator may serve as the sole member or as a participant in a Hearing Panel. Nothingshall prevent the University from authorizing a conduct administrator to impose sanctions in all cases ata single or multiple locations. To locate the conduct administrator for a specific location, please visit theStudent Handbook.8. FERPA means the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g; 34 C.F.R.Part 99. FERPA sets certain limits on the disclosure of student records. This policy is designed to workin tandem with FERPA, and nothing in this policy is intended to require or encourage non-compliancewith FERPA.9. Formal Complaint is a document filed by a Complainant or signed by the Title IX Coordinator allegingsexual harassment against a Respondent and requesting that the University investigate the allegationof sexual harassment. A formal complaint may be filed with the Title IX Coordinator in person, by mail,or by electronic mail and must contain the Complainant’s physical or electronic signature, or otherwiseindicate the Complainant is the individual filing the formal complaint. The Complainant must beparticipating, or attempting to participate in, the University’s programs or activities.10. Hearing Panel refers to a person or persons who have decision-making and sanctioning authoritywithin the University’s policies.11. Hearing Officer is an individual overseeing a hearing and is typically a member of a Hearing Panel.12. Report refers to any information received by a University colleague, regardless if it is direct, indirect,partial or complete, that indicates possible Sexual Misconduct and/or Title IX Sexual Harassmentoccurred. When a report is received, University colleagues are required to inform the Title IXCoordinator or their supervisor who in turn must make a report to the Title IX Coordinator.13. Respondent is the individual who has been reported to be the perpetrator of conduct that couldconstitute Sexual Misconduct or Title IX Sexual Harassment.14. Speak Up refers to the Speak Up Program, a reporting system managed by a third party vendor(NAVEX), which encourages members of the University community to come forward with questions or8
concerns, including allegations of sex and/or gender-based misconduct. Reports can be madeanonymously or reporters can provide their contact information.15. Student Code of Conduct refers to the policy titled “Code of Conduct” which is accessible in theStudent Handbook. It outlines students’ rights and responsibilities, as well as the process by whichaction may be taken against a student for Code of Conduct violations.16. Title IX is a federal law that prohibits sex and gender discrimination in U.S. education. Under Title IX,sex and gender-based misconduct are forms of discrimination that require investigation and appropriateremediation when students, colleagues, or other members of the educational institution’s communityare impacted. Title IX is enforced by the U.S. Department of Education. In the event Title IX conflictswith State or local law, Title IX pre-empts that law.17. VAWA refers to the Violence Against Women Act. VAWA supports community resources for victims ofsexual assault, stalking, dating violence and domestic violence and articulates expectations regardingthe management of related concerns when a report is made to representatives of U.S. colleges anduniversities.IV.Prohibited ConductThe University prohibits Sexual Misconduct and Title IX Sexual Harassment. Acts that are deemed to fallwithin the scope of this policy are violations of the Code of Conduct, as well as the expectations ofmembers of the University community and may also be crimes. An attempt to commit an act identified inthis policy, as well as assisting or knowingly encouraging any such an act, is also considered a violation ofthis policy.1. Title IX Sexual HarassmentTitle IX Sexual Harassment is conduct on the basis of sex that constitutes Quid Pro Quo SexualHarassment, Hostile Environment Sexual Harassment, Sexual Assault, Domestic Violence, DatingViolence, or Stalking.a. Quid Pro Quo Sexual Harassment is a colleague of the University conditioning the provision of anaid, benefit, or service of the University on an individual’s participation in unwelcome sexualconduct.b. Hostile Environment Sexual Harassment is unwelcome conduct determined by a reasonableperson to be so severe, pervasive, and objectively offensive that it effectively denies a personaccess to the University’s education program or activity.c. Sexual Assault includes the sex offenses of Rape, Sodomy, Sexual Assault with an Object,Fondling, Incest, and Statutory Rape. 21) Rape is penetration, no matter how slight, of the vagina or anus with any body part or object, ororal penetration by a sex organ of another person, without the consent of the Complainant.The University’s definition of “Sexual Assault” is mandated by federal regulations implementing Title IX of the EducationAmendments of 1972. Those regulations require the University to adopt a definition of “Sexual Assault” that incorporatesvarious forcible and non-forcible sex crimes as defined by the FBI’s Uniform Crime Reporting System. See 34 C.F.R. §106.30(a).29
2) Sodomy is oral or anal sexual intercourse with another person, without the consent of thevictim, including instances where the Complainant is incapable of giving consent because ofage or because of temporary or permanent mental or physical incapacity.3) Sexual Assault with an Object is using an object or instrument to unlawfully penetrate,however slightly, the genital or anal opening of the body of another person, without the consentof the victim, including instances where the Complainant is incapable of giving consent becauseof age or because of temporary or permanent mental or physical incapacity. An “object” or“instrument” is anything used by the offender other than the offender’s genitalia.4) Fondling is the touching of the private body parts of another person (buttocks, groin, breasts)for the purpose of sexual gratification, without the consent of the victim, including instanceswhere the Complainant is incapable of giving consent because of age or because of temporaryor permanent mental or physical incapacity.5)Incest is sexual intercourse between persons who are related to each other within the degreeswherein marriage is prohibited by state law.6) Statutory Rape is sexual intercourse with a person who is under the statutory age of consent inthe state in which the incident occurs.d. Dating Violence is violence committed by a person who is or has been in a social relationship of aromantic or intimate nature with the Complainant. The existence of such a relationship shall bedetermined based on the following factors: the length of the relationship, the type of relationship,and the frequency of interaction between the persons involved in the relationship. For the purposesof this definition: Dating violence includes, but is not limited to, sexual or physical abuse or the threat of suchabuse.Dating violence does not include acts covered under the definition of domestic violence.e. Domestic Violence is violence committed by:1) A current or former spouse or intimate partner of the Complainant;2) By a person with whom the Complainant shares a child in common;3) By a person who is cohabitating with, or has cohabitated with, the Complainant as a spouse orintimate partner;4) By a person similarly situated to a spouse of the Complainant under state domestic or familyviolence laws; or5) By any other person against an adult or youth Complainant who is protected from that person’sacts under state domestic or family violence laws.f.Stalking is engaging in a course of conduct directed at a specific person that would cause areasonable person to fear for the person’s safety or the safety of others; or suffer substantialemotional distress. For the purpose of this definition: Course of conduct means two or more acts, including, but not limited to, acts in which thestalker directly, indirectly, or through third parties, by any action, method, device, or means,follows, monitors, observes, surveils, threatens, or communicates to or about a person, orinterferes with a person’s property.Reasonable person means a reasonable person under similar circumstances and with similaridentities to the Complainant.Substantial emotional distress means significant mental suffering or anguish that may but doesnot necessarily require medical or other professional treatment or counseling.2. Sexual Misconduct10
Title IX defines specific behaviors that constitute sexual harassment and the steps institutions musttake to resolve allegations. Not all allegations will rise to Title IX Sexual Harassment and the Universityensures other forms of Sexual Misconduct are addressed. Conduct that is sexual in nature but does notmeet the scope of Title IX Sexual Harassment is considered Sexual Misconduct. Sexual Misconductincludes Non-Title IX Sexual Harassment, Sex Discrimination, and Other Misconduct. Complaintsinvolving allegations of Sexual Misconduct are prohibited by this Policy and are resolved using theSexual Misconduct grievance process.a. Non-Title IX Sexual HarassmentNon-Title IX sexual harassment is unwelcome communication or conduct of a sexual nature,including unwelcome sexual advances, requests for sexual favors and other verbal, written orphysical conduct of a sexual nature, without regard to whether the parties are of the same ordifferent genders or gender identities. It includes:1) Quid Pro Quo Sexual Harassment, Hostile Environment Sexual Harassment, Sexual Assault,Domestic Violence, Dating Violence, or Stalking as defined above, that occurs outside of theUniversity’s education programs or activities or outside the United States;i.Quid Pro Quo Sexual Harassment also includes a student, in addition to a colleague of theUniversity, conditioning the provision of an aid, benefit, or service of the University on anindividual’s participation in unwelcome sexual conduct.ii.All stalking allegations, regardless if the stalking is based on sex, will be addressed underthis Policy.2) Unwelcome conduct that does not rise to the level of Hostile Environment Sexual Harassment,as defined in this Policy, but that: is sufficiently serious (severe, pervasive, or persistent) and objectively offensive so as todeny or limit a person's ability to participate in or benefit from the University’s programs,services, opportunities, or activities; or has the purpose or effect of unreasonably interfering with an individual's work or academicperformance.b. Sex Discrimination means material, adverse treatment of a person or group on the basis of sex.Discrimination occurs when persons are excluded from participation in, or denied the benefits of,any University program or activity on the basis of a protected status.c. Pregnancy Discrimination is a type of Sex Discrimination and means treating a womanunfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy orchildbirth
DeVry University will contact the Broward County and Miramar City Police department and property . have been reported to the local police. All Emergencies – Dial 911. Emergency Response Plan (ERP) DeVry University will, without delay, and taking into accou
