According to federal law, specifically the Student Right to Know and Campus Security Act of 1990 (recently re-named the Clery Act), Franklin & Marshall Department of Public Safety is required to report “statistics concerning the occurrence of certain criminal offenses reported to any official of the institution who is defined as a “Campus Security Authority.”
The definition of “Campus Security Authority”, according to the federal law, is as follows: “An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings.” For example, a residential assistant (RA), a dean of students who oversees student housing, a student center, or student extracurricular activities, has significant responsibility for student and campus activities. Similarly, a director of athletics, team coach, and faculty advisor to a student group also has significant responsibility for student and campus activities. A single teaching faculty member is unlikely to have significant responsibility for student and campus activities, except when serving as an advisor to a student group. A physician in a campus health center or a counselor in a counseling center whose only responsibility is to provide care to students is unlikely to have significant responsibility for student and campus activities. Also, clerical staff is unlikely to have significant responsibility for student and campus activities.
The criminal offenses that we are required to report are murder/non-negligent manslaughter, negligent manslaughter, sex offenses (forcible and non-forcible), robbery, aggravated assault, burglary, motor vehicle theft, arson, liquor law violations, drug violations and/or illegal weapons possession. We are required to report offenses that occur on campus, in residence facilities, in non-campus property and on public property.
Pursuant to the Clery Act, the campus is required to report these crimes separately for a number of geographic locations. These locations include the main campus, on campus student residential facilities, off campus buildings or property owned or controlled by the College, or a recognized student organization such as a fraternity or sorority, and public property adjacent to the main campus. I need you to pass this letter and the attached forms along to all of those individuals under your charge which fit the definition of Campus Security Authority, as listed above. If those employees are aware of any crimes that occurred on campus that were not reported to the Department of Public Safety, it is important that he/she could forward the information to Public Safety. It would be very helpful if he/she could provide us with the date and the location of the incident. In addition, a brief description of the incident would assist us in appropriately classifying the crime in accordance with the crime definitions published by the Federal Bureau of Investigations Uniform Crime reporting Program.
I appreciate your cooperation and assistance in complying with this federal law. If you have any questions or wish to further discuss this request, please contact me at 717-358-4656.
William Strickler, Investigator
The Pennsylvania Right-to-Know Act
A. Public records are available in person from the Franklin & Marshall College Police Department, Monday through Friday, 8:30 AM to 4:00 PM, excluding holidays or extenuating circumstances. Records may be requested by mail with a self-addressed stamped envelope. If a request for records is granted, fees for copies may be charged as authorized by Section 1307 of the Act.
B. The designated "Open Records Officer" is the Investigator. He can be reached at (717) 358-4656 or by calling the 24 Hour Communication Center at 717-291-3939.
C. There is no limitation on the number of public records which may be requested or made available for inspection or duplication.
1. There shall be no requirement to disclose the purpose or motive in requesting access to records which are considered public.
D. Under the “Right to Know Law,” investigative reports are exempt from the definition of a “public records,” therefore any such request will be denied.
E. Criminal History information is not accessible under the “Right to Know Law.”
F. Unless a charge of juvenile delinquency is transferred for criminal prosecution under Section 6355 of the Juvenile Act, or the court otherwise orders, the records and files of a juvenile shall not be open to public inspection nor their contents disclosed to the public.
G. The Chief of Police or his designee will make a good faith effort to determine if the record requested is a public record and respond as promptly as possible under the circumstances existing at the time of the request.
Director / Chief of Police