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Clery Act

Rochester Regional Health

2019 Campus Safety Report



 

 

Office / Department responsible: RRH Safety and Security Department (585)922-4300.

Date Updated: Completed April, 2020

Campus Security and Crime Statistic Report

Choosing a postsecondary institution is a major decision for students and their families.  Along with academic, financial and geographic considerations, the issue of campus safety is a vital concern.  In 1990, Congress enacted the Crime Awareness and Campus Security Act of 1990 (Title II of Public Law 101-542), which amended the Higher Education Act of 1965 (HEA).  This act required all postsecondary institution participating in HEA’s Title IV student financial assistance programs to disclose campus crime statistics and security information.  The act was amended in 1992, 1998, and 2000.  The 1998 amendments renamed the law the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act in memory of Jeanne Clery, a student who was slain in her dorm room in 1986.  It is generally referred to as the Clery Act.

The 2019 Campus Security Policy and Crime Statistics Report is prepared to inform you of Isabella Graham Hart School of Nursing at the Rochester Regional Health Wegmans Learning Center campus crime statistics, security policies and steps that you can take to enhance your personal safety.  Rochester Regional Health’s Isabella Graham Hart School of Nursing and RRH’s Safety and Security Department are committed to providing the highest level of professional service to the Riedman campus.  The Department of Safety and Security is committed to maintaining a safe and secure environment to learn, work and study.  Within this booklet, you will be able to review crime statistics on this campus.

Rochester Regional Health Department of Safety and Security

The Department of Safety and Security employs 120+ uniformed men and women and provides 24/7 security coverage for the Five (5) Acute Care Hospitals and its system affiliates.  The men and women who serve in the department are not Peace or Police Officer’s, however they are authorized to make “citizen’s arrests” when a crime has been committed.  We work very closely with the local Rochester New York Police Departments. 

Our Security Department provides services such as parking enforcement, investigations, lost and found, vehicles assistance (jump-starts, vehicle lock-outs, vehicle escorts and MVA reports), ID management, physical security access, and video surveillance.  Our Security Dispatch Center is staffed 24 hours a day. The Team monitors security and fire alarms and serves as a primary point of contact for campus services.  Our 24-hour emergency phone number is 922-4300. 

Preparing the Annual Security Report

The Department of Safety and Security, under the direction of Rochester Regional Safety and Security Director, has the responsibility of gathering the data used to prepare the Annual Security Report.  The data that is obtained from reports made to our Department on the Wegmans Center for Workforce Development Center, located at 1630 Portland Avenue.  You may also view the Irondequoit Police Department’s website to see crime statistics for the general area, “google Irondequoit Police Department Crime Statistics”. 

The Clery Act requires that crime data is collected reported and disseminated to the campus community and is submitted to the U.S. Department of Education.  The act is intended to provide students and their families with accurate, complete and timely information about safety on our campus.

Crime Statistics and Definitions

The Campus Security Act also delineates what offenses/violations need to be reported. The section on campus crime statistics also includes arrests and disciplinary referrals made to campus authorities for alcohol, drugs and weapons possession which were in violation of State law.

As defined by the Clery Act, a disciplinary referral is an instance when a student is formally reported in writing to a university officer for possible sanction. The following offense definitions are excerpted from the Uniform Crime Reporting Handbook. The definitions of sex offenses are excerpted from the national incident-based reporting edition of the Uniform Crime Reporting Handbook (FBI Uniform Crime Reporting (UCR)/National Incident-Based Reporting System (NIBRS) definitions.

Murder and Non-Negligent Manslaughter: the willful killing of one human being by another.

Negligent Manslaughter: the killing of another person through gross negligence.

Sex Offenses: any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.

Rape: The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.

Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest: non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Non-forcible sexual intercourse with a person who is under the statutory age of consent (in New York State, the age of consent is seventeen).

Robbery: taking or attempting to take anything of value from the care, custody, or control of a person(s) by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault: an unlawful attack by one person upon another to inflict severe or aggravated bodily injury. This is usually accompanied by the use of a weapon or by means likely to produce great bodily harm or death, although it is not necessary that injury result when a weapon is used.

Burglary: unlawful entry of a structure to commit a crime including, but not limited to, larceny, arson, sexual assault, criminal mischief, and all attempts to do so.

Motor Vehicle Theft: the taking (or attempt) or use of a motor vehicle by persons not having lawful access.

Arson: willful or malicious burning or attempting to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle, personal property of another, etc.

Drug Abuse Violations: violations of state and local laws related to possession, sale, use, growing or manufacturing of narcotic drugs, marijuana, or other controlled substances.

Liquor Law Violations: violations and attempted violations of laws or ordinances prohibiting manufacturing, selling, transporting, furnishing, or possessing intoxicating liquor including, but not limited to: maintaining unlawful drinking places; furnishing liquor to a minor or intoxicated person; and drinking on a common carrier.

Weapon Law Violations: violations 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.

Hate Crime: when a person is victimized intentionally because of her/his actual or perceived race, gender, sexual orientation, ethnicity or disability. Any reported hate crimes are included in this report.

 

 

New York State Penal Law Definitions: Rape and sexual assault, such as sexual abuse, constitute crimes. Such behavior is prohibited by the following sections of the New York State Penal Law:

 

A. 130.20 Sexual Misconduct is a Class A Misdemeanor. A person is guilty of sexual misconduct when:

1. S/he engages in sexual intercourse with another person without such person’s consent; or

2. S/he engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent; or

3. S/he engages in sexual conduct with an animal or a dead human body.

 

B. 130.25 Rape in the Third Degree is a Class E Felony

1. A person is guilty of rape in the third degree when:

2. S/he engages in sexual intercourse with another person who is incapable of consent by reason of some factor other than being less than 17 years old; or

3. Being 21 years old or more, s/he engages in sexual intercourse with a person less than 17 years old; or

4. S/he engages in sexual intercourse with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

C. 130.30 Rape in the Second Degree is a Class D Felony. A person is guilty of rape in the second degree when:

1. Being 18 years old or more, s/he engages in sexual intercourse with a person less than 15 years old; or

2. S/he engages in sexual intercourse with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of rape in the second degree as defined in subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

D. 130.35 Rape in the First Degree is a Class B Felony. A person is guilty of rape in the first degree when s/he engages in sexual intercourse with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or

3. Who is less than 11 years old; or

4. Who is less than 13 years old and the act is committed by a person 18 years old or more.

E. 130.40 Criminal Sexual Act in the Third Degree is a Class E Felony. A person is guilty of criminal sexual act in the third degree when:

1. S/he engages in oral sexual conduct or anal sexual conduct with a person who is incapable of consent by reason of some factor other than being less than 17 years old; or

2. Being 21 years old or more, s/he engages in oral sexual conduct or anal sexual conduct with a person less than 17 years old; or

3. S/he engages in oral sexual conduct or anal sexual conduct with another person without such person’s consent where such lack of consent is by reason of some factor other than incapacity to consent.

F. 130.45 Criminal Sexual Act in the Second Degree is a Class D Felony. A person is guilty of criminal sexual act in the second degree when:

1. Being 18 years old or more, s/he engages in oral sexual conduct or anal sexual conduct with another person less than 15 years old; or

2. S/he engages in oral sexual conduct or anal sexual conduct with another person who is incapable of consent by reason of being mentally disabled or mentally incapacitated. It shall be an affirmative defense to the crime of criminal sexual act in the second degree as defined by subdivision one of this section that the defendant was less than four years older than the victim at the time of the act.

G. 130.50 Criminal Sexual Act in the First Degree is a Class B Felony. A person is guilty of criminal sexual act in the first degree when s/he engages in oral sexual conduct or anal sexual conduct with another person:

1. By forcible compulsion; or

2. Who is incapable of consent by reason of being physically helpless; or

3. Who is less than 11 years old; or

4. Who is less than 13 years old and the act is committed by a person 18 years old or more.

H. 130.52 Forcible Touching is a Class A Misdemeanor. A person is guilty of forcible touching when such person intentionally, and for no legitimate purpose, forcibly touches the sexual or intimate parts of another person for the purpose of degrading or abusing such person; or for the purpose of gratifying the actor’s sexual desire.

For the purposes of this section, forcible touching includes squeezing, grabbing or pinching.

I. 130.53 Persistent Sexual Abuse is a Class E Felony. A person is guilty of persistent sexual abuse when s/he commits the crime of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree, as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, and, within the previous 10-year period, has been convicted two or more times, in separate criminal transactions for which sentence was imposed on separate occasions, of forcible touching, as defined in section 130.52 of this article, sexual abuse in the third degree as defined in section 130.55 of this article, or sexual abuse in the second degree, as defined in section 130.60 of this article, or any offense defined in this article, of which the commission or attempted commission thereof is a felony.

J. 130.55 Sexual Abuse in the Third Degree is a Class B Misdemeanor. A person is guilty of sexual abuse in the third degree when s/he subjects another person to sexual contact without the latter’s consent; except that in any prosecution under this section, it is an affirmative defense that (a) such other person’s lack of consent was due solely to incapacity to consent by reason of being less than 17 years old, and (b) such other person was more than 14 years old, and (c) the defendant was less than five years older than such other person.

K. 130.60 Sexual Abuse in the Second Degree is a Class A Misdemeanor. A person is guilty of sexual abuse in the second degree when s/he subjects another person to sexual contact and when such other person is:

1. Incapable of consent by reason of some factor other than being less than 17 years

old; or

2. Less than 14 years old.

L. 130.65 Sexual Abuse in the First Degree is a Class D Felony. A person is guilty of sexual abuse in the first degree when s/he subjects another person to sexual contact:

1. By forcible compulsion; or

2. When the other person is incapable of consent by reason of being physically helpless; or

3. When the other person is less than 11 years old.

 

M. 130.65 Aggravated Sexual Abuse in the Fourth Degree is a Class E Felony. A person is guilty of aggravated sexual abuse in the fourth degree when:

1. S/he inserts a foreign object in the vagina, urethra, penis or rectum of another person and the other person is incapable of consent by reason of some factor other than being less than 17 years old; or

2. S/he inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of some factor other than being less than 17 years old.

3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

N. 130.66 Aggravated Sexual Abuse in the Third Degree is a Class D Felony.

1. A person is guilty of aggravated sexual abuse in the third degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum of another person:

a. By forcible compulsion; or

b. When the other person is incapable of consent by reason of being physically helpless; or

c. When the other person is less than 11 years old.

2. A person is guilty of aggravated sexual abuse in the third degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person and such person is incapable of consent by reason of being mentally disabled or mentally incapacitated.

3. Conduct performed for a valid medical purpose does not violate the provisions of this section.

O. 130.67 Aggravated Sexual Abuse in the Second Degree is a Class C Felony.

1. A person is guilty of aggravated sexual abuse in the second degree when s/he inserts a finger in the vagina, urethra, penis or rectum of another person causing physical injury to such person:

a. By forcible compulsion; or

b. When the other person is incapable of consent by reason of being physically helpless; or

c. When the other person is less than 11 years old.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

P. 130.70 Aggravated Sexual Abuse in the First Degree is a Class B Felony.

1. A person is guilty of aggravated sexual abuse in the first degree when s/he inserts a foreign object in the vagina, urethra, penis or rectum of another person causing physical injury to such person:

a. By forcible compulsion; or

b. When the other person is incapable of consent by reason of being physically helpless; or

c. When the other person is less than 11 years old.

2. Conduct performed for a valid medical purpose does not violate the provisions of this section.

Q. 130.90 Facilitating a Sex Offense with a Controlled Substance is a Class D Felony. A person is guilty of facilitating a sex offense with a controlled substance when s/he:

R. Knowingly and unlawfully possesses a controlled substance or any preparation, compound, mixture or substance that requires a prescription to obtain and administers such substance or preparation, compound, mixture or substance that requires a prescription to obtain to another person without such person’s consent and with intent to commit against such person conduct constituting a felony defined in this article; and

S. Commits or attempts to commit such conduct constituting a felony defined in this article.

Possible Penalties for Sexual Assault Offenses

The New York State Penal Law provides for the following possible penalties for the various classifications of sexual assault offenses:

Class B Felony Imprisonment for 5 to 25 years

Class C Felony Imprisonment for 3 1/2 to 15 years

Class D Felony Imprisonment for 2 to 7 years

Class E Felony Imprisonment for 1 1/2 to 4 years

Class A Misdemeanor Imprisonment for up to 1 year

Class B Misdemeanor Imprisonment for up to 3 months

Campus Crime Statistics

In accordance with provisions of the Clery Act, the following data are presented to review crime activity both on campus and on streets adjacent to campus property.

On Campus Property

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 paragraph (1) of this definition, 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 other retail vendor).

On Campus Student Housing 

“Dormitories or other residential facilities for students on campus” is a subset of the on-campus category. Institutions must disclose the total number of on-campus crimes, including those in dorms or other residential facilities for students on campus, and must also make a separate disclosure limited to the number of crimes occurring in student dorms or residential facilities on campus. As a subset, the number of crimes reported for dormitories or other residential facilities must be less than or equal to the number of reported crimes for the on-campus category.

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.

On 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.