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Annual Security Report

 

The National Hispanic University
Reporting October 1, 2013 for 2012 Data


The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (the "Clery Act"), codified at 20 USC 1092(f) as a part of the Higher Education Act of 1965, is a federal law that requires colleges and universities to disclose annual campus crime statistics and security policies.

1. Availability of Security Report and Crime Statistics

This Annual Security Report is required by federal law and contains policy statements and crime statistics for The National Hispanic University ("NHU"). The full text of this report can be located on the NHU web site at www.nhu.edu. Each year, an e-mail notification is sent to all enrolled students, faculty and staff with the web site to access this report. Copies of the report may also be obtained from the Vice President of Campus Operations. Prospective students and prospective employees may obtain a copy upon request from the Vice President of Campus Operations at 14271 Story Rd., San José, CA 95127, 408-273-2765.

2. Statement Addressing Issuing Timely Warnings

In the event that a situation arises, either on or off campus, that, in the judgment of any member of NHU's Emergency Response Team, constitutes an ongoing or continuing threat, a campus wide "timely warning" will be issued. The warning will be issued through the college email and electronic bulletin board ("Blackboard") system to students, faculty, and staff. Anyone with information warranting a timely warning should report the circumstances to the Vice President of Campus Operations or in person at the main reception desk at 14271 Story Rd.

3. How to Report Criminal Offenses

To report criminal offenses or emergencies that occur on the campus of NHU individuals should dial 911. It is the policy of NHU to encourage anyone who is the victim or witness to any crime to promptly report the incident to the local police. Police reports are public records under state law and cannot be held in confidence. Suspicious activity or other incidents may also be reported to the Vice President of Campus Operations, the Director of Human Resources or other NHU staff or faculty, and, after business hours to Campus Security.

Vice President of Campus Operations: 408-273-2765

Director of Human Resources: 408-729-2266

Campus Security: 408-564-2652

4. Policy for Preparing the Annual Disclosure of Crime Statistics

NHU prepares this report in cooperation with the San José Police Department. Campus crime, arrest and referral statistics include those reported to campus officials and logged in the Campus Security Log. Data from local law enforcement and the Campus Security Log is compiled by NHU staff into the required annual disclosure of crime statistics and filed as required with the campus safety and security survey. The crime statistics report is included in this report and on the NHU website.

5. Campus Security Procedures, Practices and Crime Prevention

As part of the NHU student orientation materials and faculty and staff on boarding materials, students, faculty and staff will be provided with information regarding security procedures, practices and crime prevention during NHU classes and school-sponsored events.

6. Preventing and Responding to Sex Offenses

NHU educates the student community about sexual assaults and date rape through various programs and services delivered by student counseling and advising.

If you are a victim of a sexual assault at this institution, your first priority should be to get to a place of safety. You should then obtain necessary medical treatment. NHU strongly advocates that a victim of sexual assault report the incident in a timely manner. Time is a critical factor for evidence collection and preservation. An assault should be reported directly to the Vice President of Campus Operations, the Director of Human Resources, or Campus Security. Filing a police report will not obligate the victim to prosecute, nor will it subject the victim to scrutiny or judgmental opinions from officers. Filing a police report will:

  • ensure that a victim of sexual assault receives the necessary medical treatment and tests, at no expense to the victim;
  • provide the opportunity for collection of evidence helpful in prosecution, which cannot be obtained later (ideally a victim of sexual assault should not wash, douche, use the toilet, or change clothing prior to a medical/legal exam);
  • assure the victim has access to free confidential counseling from counselors specifically trained in the area of sexual assault crisis intervention.

Various counseling options are available through the NHU Student Assistance Program:
Phone: 1-888-355-8553 TDD 1-800-697-0353
Online: www.guidanceresources.com enter ID HISPANICU

If applicable and requested by the student, NHU staff will provide the victim of a sex offense with options for a change in the student's accommodations or academic situations. If applicable, disciplinary action will be taken in accordance with the NHU Student Code of Conduct. NHU will, upon written request, disclose to the alleged victim of a sex offense, the results of any disciplinary hearing conducted by the university against a student who is the alleged perpetrator of a crime or offense. If the alleged victim is deceased as a result of the crime or offense, the information will be provided to the victim's immediate family, if so requested. Following a determination of disciplinary action relating to a sex offense, the university may impose sanctions up to and including dismissal from the university. Disciplinary proceedings, as well as special guidelines for cases involving sexual misconduct, are detailed in the Student Handbook.

7. Registered Sex Offender Information

In accordance with the "Campus Sex Crimes Prevention Act" of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, the following link is provided to the Sex Offender Registry, http://www.meganslaw.ca.gov.

The law requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a state concerning registered sex offenders may be obtained. It also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries a vocation, or is a student.

The Dru Sjodin National Sex Offender Public Website (NSOPW), coordinated by the U.S. Department of Justice, is a cooperative effort between jurisdictions hosting public sex offender registries ("Jurisdicitons") and the federal government and is offered free of charge to the public. These jurisdictions include the 50 states, U.S. Territories, the District of Columbia, and participating tribes. The Website provides an advanced search tool that allows a user to submit a single national query to obtain information about sex offenders; a listing of public registry websites by state, territory, and tribe; and information on sexual abuse education and prevention. The Dru Sjodin National Sex Offender Public Website (NSOPW) may be accessed at http://www.nsopw.gov.

Unlawful use of the information for purposes of intimidating or harassing another is prohibited.

8. Emergency Response and Evacuation Procedures

Emergency response and evacuation procedures will be directed by the NHU Emergency Response Team, staff and faculty on the NHU campus.

NHU is committed to supporting the welfare of its students, faculty, staff, and visitors. Preparing a campus crisis/Incident Response plan and allocating resources to respond to possible emergencies is one way in which the University offers this support. To accomplish these objectives, NHU has developed an Emergency Response Plan. The plan is fashioned in accordance with appropriate laws, regulations and policies that govern crisis/emergency preparedness and reflects the best and most current thinking in this area. The plan is designed to maximize human survival and preservation of property, minimize danger, restore normal operations of the University, and assure responsive Communications with the campus, surrounding community, and the City of San José. The plan is set in operation whenever a natural or induced emergency affecting the University reaches proportions that cannot be handled by established measures. A crisis may be sudden and unforeseen, or there may be varying periods of warning. This plan is intended to be sufficiently flexible to accommodate contingencies of all types, magnitudes, and duration.

Emergency Notification System
The most important function of any emergency plan is the ability to quickly communicate information to potentially affected individuals. To that end, the college has implemented a notification system that simultaneously sends email, voice announcements, and text messages. This externally hosted, web based system allows administrators to record and immediately transmit messages to phone numbers and email addresses through text, voice and fax. In the event of a campus emergency, including weather and campus closings, students, faculty and staff members will receive emergency messages on wired and wireless telephones, cell phones and computers. If no one answers the phone, a message will be left in the end user's voice mail. To ensure that the system is operating properly and contains accurate contact information, a test message will be sent once per quarter.

Annual Emergency contact information for the Notification System is collected from students, faculty, and staff. Each individual is required to ensure that their emergency contact information is updated. Every member of the University community is asked to verify and/or update their contact information on a quarterly basis. Updates may be made through a link hosted on My NHU student portal at any time.

Emergency Evacuation Procedures
When an alarm sounds or a voice communication is announced, please follow the instructions given. If an evacuation is required due to a fire alarm, do not use the elevators. If you not able to evacuate, call 911 and notify them that you need assistance and tell them your exact location. If you are able, proceed to the nearest stairway and let those evacuating know that you need assistance. DO NOT RE-ENTER THE FLOOR. Fire wardens will walk through each floor to verify evacuation of the floor and will check each stairway. If the floor is not passable due to heat or smoke then first responders will be ascending the stairways in a primary search. If you have previously notified security of your impairment, then assistance will be sent to look for you in your office or on your floor when an alarm occurs. If you cannot leave your office, desk or area, call 911 and notify them of your exact location. If there is a fire and you cannot evacuate, take cover and stay close to the ground and cover your face to avoid inhaling smoke. If you are in a room or an office keep the door closed and take cover. If possible, place wet towels around doors to keep out smoke Continue to call out for assistance.

9. Policies Regarding Alcoholic Beverages and Illegal Drugs

The following Drug and Alcohol policy is contained in NHU's Student Handbook:

Drug & Alcohol Free Campus
NHU is a drug and alcohol-free campus and the University does not allow the unlawful possession, use, or distribution of illegal drugs and/or alcohol by students on its property or as part of its activities. NHU will sanction students for violations of this policy in accordance with its Standards of Conduct. NHU sanctions for violations include dismissal from the University and referral of the student for prosecution. Students may also be subject to penalties in accordance with local, state and federal laws.

Alcohol Policy
Consumption of alcohol and the results of such consumption (such as disruptive or destructive behavior, vomiting or urinating on floors and hallways, incidents or conditions necessitating extra care by staff and other such acts) are prohibited on campus and/or during NHU sponsored activities whether on or off campus. No person may use, possess or be in the presence of alcohol in classrooms, offices, cafeterias, or any other campus-related space. The possession on campus of empty alcohol containers, including shot glasses, may be considered evidence of consumption of alcohol previously contained therein.

Illegal Drug Policy
No person may be in the presence of drugs, narcotics, controlled substances or drug paraphernalia, including bongs, bowls, pipes, hookahs, water pipes, syringes, or any other drug consuming device on campus. No drugs, narcotics, controlled substances or drug paraphernalia, including bongs, bowls, pipes, hookahs, water pipes, syringes, or any other drug consuming device, may be possessed, used, sold nor distributed on campus. Smoking of every type is prohibited in all campus buildings, lounges, recreation rooms, public areas, hallways, stairwells, balconies, and walkways. State law prohibits smoking tobacco within 20 feet of entranceways, windows and ground level air intake structures. Students, faculty and staff accept responsibility for informing visitors or guests of the no-smoking policy.

Student Responsibilities

  • Know the policy. Understand that students who violate this policy are subject to corrective action, up to and including immediate expulsion from NHU.
  • Contact their advisor or a University faculty or staff member if they are aware of illegal activity on NHU property.
  • Cooperate fully with the University if they are involved in substance abuse investigations. (Refusal to cooperate in an investigation may result in corrective action, up to and including expulsion.)

Faculty & Staff Responsibilities

  • Sign the Acknowledgement of a Drug Free Workplace during the on-boarding process.
  • Know the policy. Understand that faculty or staff members who violate this policy are subject to corrective action, up to and including immediate termination.
  • Contact their manager if they are aware of illegal activity on NHU property.
  • Cooperate fully with Human Resources if they are involved in substance abuse investigations. (Refusal to cooperate in an investigation may result in corrective action, up to and including termination.)
  • If faculty or staff member voluntarily admits substance abuse prior to disciplinary action, the company may require the individual to seek counseling through the Employee Assistance Program.
  • Remain drug/alcohol free and cooperate in periodic substance abuse testing if they are undergoing treatment. (Faculty or staff who are referred for treatment and don't remain drug/alcohol free and/or perform unsatisfactorily on the job may be subject to termination).

Institutional Responsibilities

  • The University shall provide annual notification to all students, faculty and staff.
  • Develop activities that support a drug and alcohol free environment.
  • Review the Drug & Alcohol Prevention Program on a biennial basis to ensure:
    • The effectiveness of the program and to modify where necessary.
    • That sanctions are consistently enforced.
  • Maintain a record of reviews. These reviews will be maintained and available to appropriate agencies as required.

Information Relating to the Legal Sanctions for Unlawful Possession of Alcohol and Drugs

Alcohol Law Penalties

The legal drinking age in all 50 states of the United States and the District of Columbia is 21 years of age. The legal drinking age in the U.S. Virgin Islands, Puerto Rico and Guam is 18 years of age. Persons under the legal drinking age who purchase, possess, or consume alcoholic beverages may be subject to fines or imprisonment depending on state law. Persons who knowingly furnish alcohol to minors are also subject to fines or imprisonment.

Under Title 15, Chapter 2, Section 647 of the California Penal Code, a person will be guilty of disorderly conduct, a misdemeanor, if found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in a condition whereby he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of any street, sidewalk, or other public way.

Drug Law Penalties

Under federal law, a conviction for possession of illicit drugs carries a prison sentence of up to three (3) years and a fine up to $250,000. Special federal sentencing provisions for possession of crack cocaine require a mandatory prison sentence of five (5) to twenty (20) years. The range of penalties for conviction of unlawful distribution of illicit drugs under federal law is summarized in the schedules of federal drug trafficking penalties that can be found online at: http://www.justice.gov/dea/druginfo/ftp3.shtml.

The severity of the sanctions imposed for both possession and distribution offenses depend on the quantity of drugs, prior convictions, and whether death or serious injury resulted. Sanctions may be increased for offenses which involve distribution to minors or occur on or near a school or campus. In addition, other federal laws require or permit forfeiture of personal or real property used to illegally possess, facilitate possession, transport, or for concealment of a controlled substance. As a result of a drug conviction, a person's right to purchase or receive a firearm or other federal benefits, such as student loans, grants, contracts, or professional or commercial licenses, may also be revoked or denied.

Under the California Health & Safety and Penal Codes a person is guilty of a felony and subject to imprisonment for:

  • Up to one (1) year for unauthorized possession of any controlled substance or any controlled substance classified in Schedule III, IV, or V as a narcotic drug. CA HSC, Ch. 6, Art. 1, S. 11350(a).
  • Two (2), three (3) or four (4) years for possession for sale or purchases for purposes of sale any controlled substance or any controlled substance classified in Schedule III, IV, or V which is a narcotic drug. CA HSC, Ch. 6, Art. 1, S. 11351.
  • Three (3), four (4) or five (5) years for possession for sale or purchases for purposes of sale cocaine base. CA HSC, Ch. 6, Art. 1, S. 11351.5.
  • Three (3), four (4) or five (5) years for transportation, imports into this state, sells, furnishes, administers, or gives away or offers to transport, import into this state, sell, furnish, administer or give away, or attempts to import into this state or transport any controlled substance or any controlled substance classified as a Schedule III, IV, or V narcotic drug. CA HSC, Ch. 6, Art. 1, S. 11352.

    *All prison terms referenced above assume a first-time offender status.

Information Relating to Health Risks from Drugs and Alcohol

  • Students, faculty and staff of The National Hispanic University should be aware and informed that health risks associated with the use of illicit drugs and the abuse of alcohol can result in, but are not limited to, a lowered immune system, damage to critical nerve cells, physical dependency, lung damage, heart problems, liver disease, physical and mental depression, increased infection, irreversible memory loss, personality changes, and thought disorders.
  • Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol also increase the incidence of a variety of aggressive acts, including spouse and child abuse.
  • Moderate to high doses of alcohol cause marked impairments in higher mental functions, severely altering a person's ability to learn and remember information. Very high doses cause respiratory depression and death.
  • Mothers who drink alcohol during pregnancy may give birth to infants with Fetal Alcohol Syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.
  • Marijuana contains THC (Delta-9-tetrahydrocannabinol), which accounts for most of its psychoactive or mind altering effects. The short-term effects of using marijuana include sleepiness, memory and concentration problems, impaired motor coordination, increased heart rate, dry mouth and throat, and decreased social inhibitions. The long term effects of using marijuana include impaired lung functioning, sexual problems, breast tissue development in men, and possible immune system damage.
  • Stimulants increase the activity of the central nervous system. Examples include amphetamines, methamphetamines, cocaine, and crack which cause short term elevations in mood, self-confidence, energy, heart rate and blood pressure. Potential difficulties associated with the more powerful stimulants such as these include possible physical addiction, psychoses, severe depressions, and anxiety syndromes such as panic attacks and obsessions. Additional health risks include seizures and cardiac arrest.
  • Hallucinogens are substances that distort perception of reality. The most well known hallucinogens include: phycyclidine (PCP), lysergic acid diethylamide (LSD), mescaline, and psilocybin. Under the influence of these drugs, the senses of direction, distance, and time become disoriented. They can produce unpredictable, erratic, and violent behavior in users that sometimes leads to serious injury and death. At high doses, LSD can cause convulsions, coma, heart and lung failure, and even death.
  • Sedatives/Tranquilizers are drugs used to reduce anxiety and tension. In some cases, they are used as sleep aids as well. Like alcohol, these drugs are central nervous system depressants. Examples include barbiturates such as amytal, nembutal, and seconal, as well as benzodiazepines such as activan, halcion, librium, and xanax. Rohypnol, a date rape drug, also falls into this category. Although specific effects may vary according to the particular drug, these drugs typically induce a state of relaxation and drowsiness. At high doses, dizziness, slurred speech, impaired coordination, and amnesia may occur. Health hazards include risk for addiction and coma and/or death from overdose.
  • Narcotics are painkillers or analgesics. These drugs include morphine, heroin, codeine, and dilaudid, all of which are derived from opium. Synthetic narcotics include drugs such as demerol, percodan, and darvon. These drugs tend to reduce sensory feeling and sensitivity of all kinds, to pleasure as well as pain. In large doses, they induce drowsiness, mental clouding, lethargy, and even sleep. They are highly addictive. Overdose risks include convulsions, coma, and death.
  • Anabolic steroids are synthetic derivatives of the male hormone testosterone. These derivatives of testosterone promote the growth of skeletal muscle and increase lean body mass. The long-term, high dose effects of steroid use are largely unknown. Major side effects of anabolic steroid use include liver tumors, jaundice, fluid retention, high blood pressure, acne, and trembling. Aggression and mood swings as well as other psychiatric side effects may result from their abuse.

Counseling, Treatment and Support Group Resources for Alcohol and Drug Abuse and Addiction

In certain cases, students, faculty or staff may be referred to counseling sources and/or substance abuse help centers. If such a referral is made, continued enrollment or employment will be subject to successful completion of any prescribed counseling or treatment programs. Students, faculty or staff members who believe that they have a substance abuse problem and wish to seek treatment may contact the NHU Student Assistance Program (for students) or the Employee Assistance Program (for faculty and staff) for referral assistance. All such matters will be handled confidentially.

Students may contact:
NHU Student Assistance Program
Phone: 1-888-355-8553 TDD 1-800-697-0353
Online: www.guidanceresources.com enter ID HISPANICU

Employee Assistance Program, Business Health Services (BHS)
Phone: 1-800-765-3277
Online: www.bhsonline.com User name: Laureate

Other resources for counseling, treatment and/or support include:

  1. The National Council on Alcoholism 800-622-2255 online: www.ncadd.org
  2. The Alcoholism and Drug Abuse Hotline is open 24 hours, 1-800-252-6465.
  3. U.S. Department of Health and Human Services Substance Abuse Treatment Locator
    800-662-4357 online http://findtreatment.samhsa.gov
  4. Alcoholics Anonymous Phone: (212) 870-3400 Online: www.aa.org
  5. Marijuana Anonymous 800-766-6779 online www.marijuana-anonymous.org
  6. Cocaine Anonymous 800-347-8998 online www.ca.org
  7. Narcotics Anonymous Phone: (818) 773-9999 online www.na.org

Disciplinary Sanctions

The National Hispanic University will not excuse misconduct by students, faculty or staff whose judgment is impaired due to substance abuse. Students found in violation of the NHU ADAP Program are subject to disciplinary action, up to and including dismissal from university programs, as provided herein. Faculty and staff found in violation of the NHU ADAP Program are subject to disciplinary action, up to and including termination of employment, as provided herein and in the applicable Laureate Education, Inc. Employee Handbook.

10. Crime Statistics Reporting Table

On-Campus

Offense

2010

2011

2012

Murder/Non-negligent manslaughter

0

0

0

Negligent manslaughter

0

0

0

Sex offenses - Forcible

0

0

0

Sex offenses - Non-forcible

0

0

0

Robbery

0

0

0

Aggravated assault

0

0

0

Burglary

0

0

0

Motor vehicle theft

0

0

0

Arson

0

0

0

Arrests

 

 

 

Weapon: carrying, possessing, etc.

0

0

0

Drug abuse violations

0

0

0

Liquor law violations

0

0

0

Disciplinary Actions

 

 

 

Weapon: carrying, possessing, etc.

0

0

0

Drug abuse violations

0

0

0

Liquor law violations

0

0

0

Hate Crimes

 

 

 

Simple Assault

0

0

0

Larceny Theft

0

0

0

Intimidation

1

0

0

Destruction/Damage/Vandalism or Property

0

0

0

Public Property

Offense

2010

2011

2012

Murder/Non-negligent manslaughter

0

0

0

Negligent manslaughter

0

0

0

Sex offenses - Forcible

0

0

0

Sex offenses - Non-forcible

0

0

0

Robbery

0

0

0

Aggravated assault

0

0

3

Burglary

2

0

1

Motor vehicle theft

0

0

1

Arson

0

0

0

Arrests

 

 

 

Weapon: carrying, possessing, etc.

0

0

0

Drug abuse violations

1

2

0

Liquor law violations

0

0

0

Disciplinary Actions

 

 

 

Weapon: carrying, possessing, etc.

0

0

0

Drug abuse violations

0

0

0

Liquor law violations

0

0

0

Hate Crimes

 

 

 

Simple Assault

0

0

0

Larceny Theft

0

0

0

Intimidation

0

0

0

Destruction/Damage/Vandalism or Property

0

0

0