|Applies to:||Original Policy Date:||Date of Last Review||Approved by:|
|All Florida Tech campuses and employees||02/26/2021||1/18/2023||Dr. Marco Carvalho
Executive Vice President & Provost
This policy describes the requirements and responsibilities of the university to issue Timely Warnings in accordance with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998 (commonly referred to as the Clery Act) and the university Clery Act Compliance Policy.
This policy applies to any Clery crime or other incident reported to a campus security authority (CSA) or local law enforcement that represents a serious or continuing threat to the campus community.
Florida Tech is committed to maintaining a safe and secure environment for its faculty, staff, students, and visitors by complying with the Clery Act, which includes issuing timely warnings in accordance with the Act and policy procedures/guidelines. A timely warning will be released to the campus community for any incident that represents a serious or continuing threat to the students and employees of the University.
When to Release a Timely Warning
The timely warning requirement applies to Clery Act crimes and requires a case-by-case assessment as to whether the reported incident presents a serious or continuing threat to the campus community. Hate crimes involving bodily injury or any Clery Act crimes, if they represent a continuing threat to the Florida Tech community, require a timely warning. A timely warning should be issued for any other incidents that represent a serious or continuing threat to the community. Timely warnings do not necessarily need to be issued immediately but will be released as soon as reasonably possible when the facts of the incident have been established to ensure that correct information is being disseminated. Exigent circumstances would require a timely warning be immediately released. The release may cause additional problems that can compound the initial event; therefore, careful examination of the timing of a release is critical. If it is an active criminal investigation that involves the Melbourne Police Department (or other law enforcement agency), that agency should be consulted before any information is released.
Method for Collecting Timely Warning Information
Information for a timely warning may be received from several different sources, including the Department of Security, local police, county sheriff, or any other law enforcement agency. Additionally, crimes or incidents may be reported to university officials as enumerated under the Title IX Sexual Harassment Policy. Even if a crime or incident is not investigated due to the victim’s wishes, a timely warning may still be required.
How a Timely Warning is released
A timely warning may be issued in many ways, including, but not limited to:
- Florida Tech home page posting
- University alert system
- Email (University distribution lists)
- Posters and/or flyers
Depending on the incident, all or several of the communications systems may be employed as determined appropriate by the Clery Compliance Officer in consultation with other relevant university officials. The intention of a timely warning is to aid in the prevention of similar type incidents.
Please see the Clery Act Compliance Policy for definitions related to compliance with the Act.
Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act of 1998 as amended (commonly referred to as the Clery Act). 20 U.S.C. § 1092; 34 CFR 668.46
Who is Authorized to issue a Timely Warning
Timely warnings should be released in most instances by the Department of Security (Clery Compliance Officer, who is designated as the individual(s) responsible for community safety notices, or Assistant) after consultation with the Vice President for Executive Communications and Vice President for Infrastructure Operations. The Clery Compliance Officer is responsible for consulting with the applicable law enforcement prior to issuing the timely warning if an active criminal investigation is involved and for determining which communication system(s) should be utilized.
Only in exigent circumstances should a release come from any other university office. If the Officer in Charge (OIC) of Security believes that a timely warning should be issued, the OIC will contact the Clery Compliance Officer before doing so.
Failure to comply with and abide by the rules and regulations set forth in policy may give rise to disciplinary action, up to and including separation from the University.