Timely Warning Policy

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I. Purpose

The University of North Carolina Asheville (“UNC Asheville”) is committed to ensuring the safety and security of the campus community. In accordance with the Jeanne Clery Campus Safety Act (20 USC § 1092(f)) (the “Clery Act”), the university must issue “Timely Warnings” to the campus community for Clery Act crimes that occur on or near campus and are considered to represent a serious or continuing threat to students and employees (34 CFR § 668.46(e)). The Timely Warnings Policy (“the Policy”) supports the university’s efforts to inform and advise its campus community members about certain crimes that may pose a serious or continuing threat to their safety. A Timely Warning provides information to students and employees so that they can make informed decisions and act to protect themselves.

In the event of a serious or continuing threat, UNC Asheville will 1) confirm that the reported Clery crime meets the requirements of a Timely Warning, including confirming the existence of a serious or continuing threat to student and employees within the university’s Clery Act Geography; 2) determine the content of the Timely Warning; and 3) distribute the Timely Warning through the university’s notification system as soon as the above criteria have been determined.

The university will update this Policy as soon as feasible to ensure compliance with any changes to the Clery Act or other related federal, state, and municipal laws, rules, and regulations. In consultation with the General Counsel’s Office, the Assistant Vice Chancellor for Institutional Integrity and Access, who serves as the Clery Act Compliance Officer, will review this Policy on an annual basis in order to attend to evolving legal requirements. The university reserves the right to make changes to this document as necessary. All changes will be posted online and take effect immediately upon posting.

II. Timely Warning Criteria

Timely Warnings are issued on a case-by-case basis. The university will issue a Timely Warning when pertinent information is available, and the following criteria are met:

  1. The crime has been reported in good faith to UNC Asheville Police or a Campus Security Authority (CSA);
  2. The crime is one of the  following Clery Act crimes, which has been reported in good faith:
    1. Criminal Homicide, including, Murder and Manslaughter;
    2. Aggravated Assault;
    3. Arson;
    4. Burglary;
    5. Robbery;
    6. Motor vehicle theft;
    7. Major Incidents of Arson;
    8. Sex Offenses, including Rape, Fondling (Sexual Contact), Incest, and Statutory Rape;
    9. VAWA Offenses, including Dating Violence, Domestic Violence, and Stalking; and
    10. Hate crimes; and
    11. All other Clery crimes, as deemed appropriate;
  3. The crime is reported to have occurred on the Clery Act Geography of the university.
  4. The perpetrator has not been apprehended; and
  5. The crime is considered by the Institution to present a serious or ongoing threat to the physical safety of students and employee; or
  6. The crime represents a pattern that has occurred two or more times within a specific area or shortened/condensed period of time.

Crimes reported to confidential resources, such as professional counselors, or privileged information protected by state law, are exempt from Timely Warning consideration.

III. Evaluation of the Need for a Timely Warning

  1. All available information known at the time will be taken into consideration when evaluating the need for a Timely Warning.
  2. The Chief of Staff, or their designee, in consultation with other university officials as necessary, such as University Police and the Clery Act Compliance Officer, evaluates and determines what constitutes a serious or ongoing threat to the community.
  3. Additional considerations include, but are not limited to:
    1. The nature and seriousness of the crime or incident,
    2. When and where the incident occurred,
    3. When it was reported,
    4. The duration of time between when the incident occurred and when it was reported,
    5. The patterns or trends of other incidents,
    6. The continuing danger to the campus community, and
    7. The risk of compromising law enforcement efforts or identifying the victim.
  4. Although each case will be evaluated on an individual basis, Timely Warnings will not be issued when:
    1. A report is filed more than five (5) calendar days after the date of the alleged incident unless it is determined that there is a continuing threat to the community;
    2. A report is filed anonymously or by a third party and there is not enough information to evaluate the situation;
    3. The pertinent information has not been acquired;
    4. The suspect has been apprehended;
    5. There is a possible risk of compromising law enforcement efforts;
    6. The incident reported does not pose an ongoing threat to the campus; or
    7. The incident falls under the confidentiality of Counselors/Pastoral personnel.
  5. For incidents that do not fall under the Clery Act or occur outside of Clery Geography but are deemed by campus leadership to warrant notification to the campus community, an alternative notification option shall be utilized. This alternative notification option, referred to as a “Safety Notice,” will be disseminated through the same channels as a Timely Warning and will be issued under the heading of Safety Notice. If campus leadership determines that a Safety Notice does not need to be issued, the university may disseminate an email communication that identifies risk reduction methods, active bystander intervention strategies, and other protective steps community members may take to ensure their safety on campus.

IV. Alternative Notification Option

For incidents that do not fall under the Clery Act or occur outside of Clery Geography but are deemed by campus leadership to warrant notification to the campus community, an alternative notification option shall be utilized. This alternative notification option, referred to as a “Safety Notice,” will be disseminated through the same channels as a Timely Warning and will be issued under the heading of Safety Notice. If campus leadership determines that a Safety Notice does not need to be issued, the university may disseminate an email communication that identifies risk reduction methods, active bystander intervention strategies, and other protective steps community members may take to ensure their safety on campus.

 

V. Content of the Timely Warning

The Timely Warning will contain the following information:

  • A statement of the incident, including the nature and severity of the threat and the persons or locations that might be affected;
  • Date and time of the crime;
  • Physical description of the suspect (racial, ethnic, skin tone descriptors will not be used unless they are unique enough to distinguish the suspect from the general population), and
  • Appropriate safety tips that will aid in the prevention of similar incidents. This includes risk reduction methods, active bystander intervention strategies, and other protective steps.

The Timely Warning will withhold the names of victims to ensure confidentiality.

The university official responsible for issuing the Timely Warning will consult with other campus officials as needed, such as the Clery Act Compliance Officer and General Counsel, to ensure the Timely Warning complies with the Clery Act and includes the appropriate prevention strategies.

VI. Timely Warning Distribution Methods

Once the university determines a Timely Warning should be issued, the Timely Warning will be sent through Bulldog Alert. Bulldog Alert is UNC Asheville’s alert messaging system which is also used to send a Timely Warning when an incident poses a serious or continuing threat to the campus community.

Collectively known as Bulldog Alert, the university uses a multi channel notification system to ensure that Timely Warnings are sent quickly and reach as much of the university community as possible.

Notification channels may include:

    1. Email messages
      • All students, faculty, and staff are automatically enrolled in university email.
    2. SMS text messages
      • University registered primary contact number for students, faculty and staff is automatically enrolled. Primary contact number can be verified or changed. Registered device must be SMS/text enabled.
      • University affiliates and family may register annually (valid until August 1st of each year).
      • Requests to Opt-Out of text messages may also be submitted.
    3. SafeZone App
      • SafeZone is UNC Asheville’s mobile safety application that allows all students, faculty, and staff to contact University Police for emergency and non-emergency assistance directly from a mobile device while on campus. In the event of an emergency, you can use SafeZone to quickly share your location and profile details with University Police to ensure a timely response and get connected to the appropriate resources. SafeZone also enables community members to receive Bulldog Alerts, including Emergency Notifications.
      • Community members must download the SafeZone app. The application is available for free download for both iPhone and Android users via the iTunes App Store or Google Play Store by searching for “SafeZone.”
    4. Digital Signs
      • Digital signage may be used to post critical messages throughout campus buildings.
    5. Desktop notifications
      • University owned and registered computer equipment may receive critical messages.
    6. Bulldog Alert Website
      • During a critical incident, the university will post updates on the UNC Asheville Bulldog Alert webpage as information becomes available. The Bulldog Alert webpage can always be accessed from the bottom of any unca.edu page via the “Bulldog Alert” link.

The university may use other methods to inform the community of a Timely Warning, such as notices on bulletin boards in prominent campus locations or individual outreach to impacted individuals. The university may post updates after a Timely Warning has been issued through the Bulldog Alert notification system.

VII. Training

All designated campus emergency alert authorities shall participate in annual training on the Timely Warning requirements of the Clery Act and any other emergency communications-related topics as may be required by the Clery Act or the UNC System vice president for campus safety and risk management.

VIII. Documentation

The Clery Act Compliance Officer will maintain a copy of each Timely Warning issued for a minimum of seven years, as per Clery Act requirements. A Timely Warning decision matrix form will be completed for any Clery Act reportable crime to document the analysis of risk associated with a crime and to memorialize the university’s determination to issue a Timely Warning.

IX. Relevant Definitions

  1. Campus Security Authority (CSA)

A “Campus Security Authority” or CSA is a Clery-specific term that encompasses four groups of individuals and organizations associated with an institution. A CSA can also be defined as anyone who has significant responsibility for students and campus activities.

    1. University Police: Members of a university’s law enforcement department.
    2. Non-Police Security: Individuals responsible for monitoring campus property but who are not part of the University Police department. This can include security guards, parking enforcement staff, and event security.
    3. Officials with Significant Responsibility for Student and Campus Activities: This is a broad category that includes any official who has the authority and duty to take action on behalf of the university regarding student and campus matters. Examples include deans, student affairs staff, coaches, and faculty advisors to student organizations.
    4. Designated Individuals: Any person or organization named in an institution’s official campus security policy as a point of contact for reporting criminal offenses.

UNC Asheville position descriptions identify whether an employee is a CSA. The university reviews CSA designations annually.

A CSA must report Clery Reportable Crimes using the online CSA Crime Report Form or directly to the Assistant Vice Chancellor/Clery Act Compliance Officer (828.232.5658) or the University Police Clery Act Coordinator (828.232.5000).

B. Clery Act Geography

    1. On-Campus
      • Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of or in a manner related to the institution’s educational purposes, including residence halls; and
      • Any building or property that is within or reasonably contiguous to the area identified in paragraph (a), that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or retail vendor).
    2. On-Campus, Residential Facilities (a subset of On-Campus)
      • Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus.
    3. Non-Campus Building or Property
      • Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
      • Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
    4. Public Property
      • All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

X. Related Regulations, Policies, and Requirements

  1. External Regulations
  2. University Policy
    • Title IX Grievance Policy
    • Emergency Notification Policy