Advisers and student leaders at Otterbein are being reminded that they are required to report any infractions made by students to the security office.
An e-mail was sent out by Larry Banaszak, director of security, to a handful of advisers and resident advisers telling them that they are considered "campus security authorities," and by law are required to report any crimes to the Security Department.
The Clery Act, established in 1990 by Congress, requires institutions to publish an annual report disclosing campus security policies and three years' worth of selected crime statistics. Institutions are required to make timely warnings to the campus community about crimes that pose a threat to students and employees.
"This law is not talking about Otterbein policy infractions, such as illegally posting your event flyers or violating the visitation policy; the act refers to crimes such as murder, rape, robbery, arson, a crime in which an individual is arrested, etc … and should be left to a police department to handle, not advisers or RAs," said Michael Stumpf, assistant director of Greek life.
According the Clery Act, the institution "should look for officials whose functions involve relationships with students. If someone has significant responsibility for student and campus activities, he or she is a campus security authority."
"It makes me feel like I am in high school again, as if I am being watched over my behavior," said freshman Kiersten Curtis, international education major. "But the worst part of the law is that it is almost necessary because there are stupid people on campus who need to be reported."
By law, student advisers and RAs are required to report any crime or mischief to security or a police department. The Clery Act states that "The function of a campus security authority is to report to the appropriate law enforcement personnel, either campus police or local police, or to an official or office designated by the institution, those allegations of Clery Actcrimes that he or she concludes are made in good faith."
If a crime occurs such as a rape, the student adviser or RA must report it, regardless of whether the victim chooses to file a report with law enforcement or press charges.
"Non-compliance to federal law would bring about federal sanctions, usually in the form of fines," Banaszack said. "Repercussions for failure to report the specific crimes would be handled by the Otterbein Administration, as well as law enforcement."
RA Theresa Hubbell, sophomore equine pre-vet major, believes the law is necessary at a college.
"I do think it is a good idea to remind people of their duty to others," Hubbell said. "If you are aware of a crime in the United States, Otterbein's campus is included in this, and you don't report it, then you are considered an accessory to that crime."
Curtis thinks that the law is redundant and superfluous. "If I was an RA and it was my friend involved in a crime, I would say something to them, but I feel like students are responsible for themselves," Curtis said. "You came here to be responsible and look after yourself and I would let them know that there are consequences for being stupid, but I wouldn't report them because it's their own fault."
However, some student advisers are exempted from disclosing information under the Clery Act. Those who are pastors and offer pastoral counseling are allowed to provide confidential counseling.
"I think that this new law could go either way as far as effectiveness," RA Lauren Taylor, sophomore nursing major said. "It could either work out really well and the residents wouldn't try to break the rules, or it could cause an incredible amount of paranoia and tension against our RA staff."
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