act-1988-0-73•Pennsylvania Act 1988-73 — COLLEGE AND UNIVERSITY SECURITY INFORMATION ACT - REPEALED
Pennsylvania Act 1988-73 — COLLEGE AND UNIVERSITY SECURITY INFORMATION ACT - REPEALED
act-1988-0-731988 Pa. Act 73Law
Act text
COLLEGE AND UNIVERSITY SECURITY INFORMATION ACT - REPEALED
Act of May 26, 1988, P.L. 448, No. 73 Cl. 24
AN ACT
Requiring institutions of higher education to provide students
and employees with information relating to crime statistics
and security measures and to provide similar information to
prospective students and employees upon request; granting
powers to the State Board of Education; and providing for
penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the College and
University Security Information Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Branch campus." A branch campus is a unit of an institution
of higher education which is distinguished by all of the
following characteristics:
(1) An academic degree-granting program or organized
parts thereof offered on a continuing basis.
(2) Location separately identifiable from the main
campus of the parent institution and providing the services
normally associated with the campus.
(3) Legal authority for governance, administration and
general operation derived from the charter or enabling
legislation of the parent institution or of the State System
of Higher Education.
"Campus police." Employees of an institution of higher
education who exercise powers of arrest under authority of law
or ordinance. (def. added Oct. 13, 1994, P.L.591, No.87)
"Campus security officers." Employees of an institution of
higher education, other than campus police, who are charged with
maintaining the safety and security of the property of the
institutions and the persons on the property. (def. added Oct.
13, 1994, P.L.591, No.87)
"Community colleges." Institutions now or hereafter created
pursuant to Article XIX-A of the act of March 10, 1949 (P.L.30,
No.14), known as the Public School Code of 1949, or the act of
August 24, 1963 (P.L.1132, No.484), known as the Community
College Act of 1963.
"Independent institution of higher education." An
institution of higher education which is operated not for
profit, located in and incorporated or chartered by the
Commonwealth, entitled to confer degrees as set forth in section
211 of the act of May 5, 1933 (P.L.289, No.105), known as the
Nonprofit Corporation Law, and entitled to apply to itself the
designation "college" or "university" as provided for by
standards and qualifications prescribed by the State Board of
Education pursuant to the act of May 7, 1937 (P.L.585, No.150),
entitled, as amended, "An act prohibiting the use of the
designation of 'college' by any institution not conforming to
the standards of a college prescribed by the State Board of
Education; and providing for injunctions, and penalties."
"Institution of higher education." An independent
institution of higher education, a community college, a State-
owned institution or a State-related institution, any of which
is approved by the Department of Education.
"Investigative information." Information that is assembled
as a result of the performance of any formal or informal inquiry
into a criminal incident or an allegation of criminal
wrongdoing. The term may include modus operandi information.
(def. added Oct.13, 1994 P.L.591, No.87)
"State-owned institutions." Those institutions which are
part of the State System of Higher Education pursuant to Article
XX-A of the act of March 10, 1949 (P.L.30, No.14), known as the
Public School Code of 1949.
"State-related institutions." The Pennsylvania State
University, the University of Pittsburgh, Temple University and
Lincoln University and their branch campuses.
"Student housing." All residence halls and sorority and
fraternity residences owned or under the control of the
institution of higher education.
"Valid complaint." Any complaint received by a campus police
or campus security department which results in an investigation
or for which an entry is made in an incident report, log or
blotter. (def. added Oct. 13, 1994, P.L.591, No.87)
Section 3. Crime statistics and security policies and
procedures.
(a) Crime statistics reports.--Each institution of higher
education shall report to the Pennsylvania State Police, on an
annual basis, crime statistics for publication in Crime in
Pennsylvania (Uniform Crime Report) on forms and in the format
required by the Pennsylvania State Police.
(b) Publishing and distributing reports.--Each institution
of higher education shall publish and distribute a report which
shall be updated annually and which shall include the crime
statistics as reported under subsection (a) for the most recent
three-year period. Crime rates shall also be included in the
report. The crime rates reported shall be based on the numbers
and categories of crimes reported under subsection (a) and the
number of full-time equivalent undergraduate and graduate
students (FTES) and full-time equivalent employees at the
institution of higher education. Upon request, the institution
shall provide the report to every person who submits an
application for admission to either a main or branch campus and
to each new employee at the time of employment. In its
acknowledgment of receipt of the formal application of
admission, the institution shall notify the applicant of the
availability of such information. The information shall also be
provided on an annual basis to all students and employees.
Institutions with more than one campus shall provide the
required information on a campus-by-campus basis.
(b.1) Daily logs and public records.--The campus police or
campus security officers of each institution of higher education
shall develop and maintain a daily log as a public record.
Entries in the log shall be chronologically recorded in a manner
that can be easily understood and shall include the following:
(1) A report of each valid complaint and all reports of
crimes received by the campus police or campus security
officers and the responses thereto. Except as provided in
paragraph (2), names and addresses shall not be included in
the daily log. This prohibition need not preclude the use of
words, numbers, phrases or other similar index keys in the
logs to serve as indices to investigative information.
(2) The names and addresses of persons arrested and
charged and the charges filed against those persons.
(3) A description of the disposition of the charges
filed under paragraph (2), to be entered when and if
reasonably available.
((b.1) added Oct. 13, 1994, P.L.591, No.87)
(b.2) Arrests by State, county or local police.--For arrests
made by State, county or local police on campuses of
institutions of higher education, the applicable police
department shall provide to the institution of higher education
without cost the names and addresses of persons arrested and the
charges filed against those persons for inclusion in the daily
logs required under this act. ((b.2) added Oct. 13, 1994,
P.L.591, No.87)
(b.3) Information concerning juveniles.--Nothing in this act
shall be construed to apply to information concerning juveniles,
except as provided in 18 Pa.C.S. § 9123 (relating to juvenile
records), unless they have been adjudicated as adults. ((b.3)
added Oct. 13, 1994, P.L.591, No.87)
(b.4) Entries to be public records.--All entries in the
daily logs shall, except as provided in subsection (b.3) and as
otherwise provided by law, be public records available without
cost for examination and inspection by the public during regular
business hours and at all other reasonable times. The
institutions of higher education may charge a reasonable fee for
the cost of copies, photographs or photostats. ((b.4) added Oct.
13, 1994, P.L.591, No.87)
(c) Security policies and procedures.--Each institution of
higher education shall provide to every person who submits an
application for admission to a main or branch campus, to every
new employee at the time of employment, and annually to all
students and employees information regarding the institution's
security policies and procedures. Institutions with a main
campus and one or more branch campuses shall provide the
information on a campus-by-campus basis. Such information for
the most recent school year shall include, but not be limited
to, the following:
(1) The number of undergraduate and graduate students
enrolled.
(2) The number of undergraduate and graduate students
living in student housing.
(3) The total number of nonstudent employees working on
the campus.
(4) The administrative office responsible for security
on the campus.
(5) A description of the type and number of security
personnel utilized by the institution, including a
description of their training.
(6) The enforcement authority of security personnel,
including their working relationship with State and local
police agencies.
(7) Policy on reporting criminal incidents to State and
local police.
(8) Policy regarding access to institutional facilities
and programs by students, employees, guests and other
individuals.
(9) Procedures and facilities for students and others to
report criminal actions or other emergencies occurring on
campus and policies concerning the institution's response to
such reports.
(10) A statement of policy regarding the possession, use
and sale of alcoholic beverages.
(11) A statement of policy regarding the possession, use
and sale of illegal drugs.
(12) A statement of policy regarding the possession and
use of weapons by security personnel and any other person.
(13) Any policy regarding students or employees with
criminal records.
(14) Security considerations used in the maintenance of
campus facilities, including landscaping, groundskeeping and
outdoor lighting.
(15) A description of the communication mediums used to
inform the campus community about security matters as well as
the frequency with which the information is usually provided.
(d) Information in security policies.--Institutions which
maintain student housing facilities shall include in the
information required by subsection (c) the following:
(1) Types of student housing available (on-campus, off-
campus; single room, double, group; single sex, coed;
undergraduate, graduate, married; etc.).
(2) Policies on housing assignments and requests by
students for assignment changes.
(3) Policies concerning the identification and admission
of visitors in student housing facilities.
(4) Measures to secure entrances to student housing
facilities.
(5) Standard security features used to secure doors and
windows in students' rooms.
(6) A description of the type and number of employees,
including security personnel, assigned to the student housing
facilities which shall include a description of their
security training.
(7) The type and frequency of programs designed to
inform student housing residents about housing security and
enforcement procedures.
(8) Policy and any special security procedures for
housing students during low-occupancy periods such as
holidays and vacation periods.
(9) Policy on the housing of guests and others not
assigned to the student housing or not regularly associated
with the institution of higher education.
Section 4. Rules and regulations.
The State Board of Education may, in the manner provided by
law, promulgate the rules and regulations necessary to carry out
this act.
Section 5. Enforcement.
(a) Action to compel compliance.--Whenever the Attorney
General has reason to believe that an institution of higher
education is violating this act, the Attorney General may bring
an action in the name of the Commonwealth against the
institution to compel compliance.
(b) Civil penalty.--In any action brought by the Attorney
General to compel compliance with this act, if the court finds
that an institution of higher education is willfully violating
this act or if any institution of higher education fails to
promptly comply with an order of the court to comply with this
act, the Attorney General, acting in the name of the
Commonwealth, may recover on behalf of the Commonwealth a civil
penalty not to exceed $10,000.
Section 6. Effective date.
This act shall take effect as follows:
(1) Section 4 of this act shall take effect immediately.
(2) The remainder of this act shall take effect in six
months.
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