RELATES TO: KRS 164.948-164.9489,
164.993,
227.200,
227.230,
34 C.F.R.
668.46,
20
U.S.C. 1092(f)
NECESSITY, FUNCTION, AND CONFORMITY: The Michael Minger Act,
KRS
164.948 to
164.9489,
requires public postsecondary education institutions and those private
postsecond-ary education institutions licensed by the Council on Postsecondary
Education to report campus crimes to employees, students and the public and to
report annually to the Council on Postsecondary Education.
KRS
164.9481(1)(a) requires the
council to approve a form for the daily security log maintained by each
institution.
KRS
164.9487(2) requires the
council to specify uniform reporting formats for each institution's annual
report to the council, in compliance with
KRS
164.9485.
KRS
164.9483(1) and (2), and
227.220(3)(b),
authorize the State Fire Marshal to enter in or upon the property of a
postsecondary education institution licensed by the council. This
administrative regulation establishes the responsibilities of public
postsec-ondary education institutions.
Section
1. Definitions.
(1) "Annual
report" means the report submitted by an institution to the council that
satisfies the requirements of
KRS
164.9485.
(2) "Campus" is defined in
KRS
164.948(1).
(3) "Campus crime log" means the daily log
maintained by an institution and developed by the council consistent with the
provisions of
KRS
164.9481(1).
(4) "Campus security authority" is defined in
KRS
164.948(2).
(5) "Clery Act" means the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Acts,
20
USC
1092(f) and as
implemented in
34 CFR
668.46.
(6) "Council" means the Council on
Postsecondary Education as established by
KRS
164.011.
(7) "Crime" is defined in
KRS
164.948(3).
(8) "Fire scene" means the immediate area
necessary for a local fire department or the State Fire Marshal's Office to
investigate an actual fire.
(9)
"Immediately" is defined in
KRS
164.948(4).
(10) "Institution" means a postsecondary
education institution as defined in
KRS
164.948(5).
(11) "State Fire Marshal" means the officer
described in
KRS
227.220.
Section 2. Property Subject to Reporting.
(1) An institution shall establish a list of
all property the institution:
(a) Owns;
or
(b) Manages or
controls.
(2) The list
of property shall include the areas described in
KRS
164.948(1) and in
34 CFR
668.46(a), "Campus:" (1) and
(2) and "Noncampus Building or Property:" (1) and (2).
(3) The list shall be updated as necessary
but not less than annually.
(4) An
institution shall provide the property list to the council upon the council's
request.
Section 3.
Campus Crime Log.
(1) An institution shall
maintain a campus crime log as required by
KRS
164.9481(1).
(2) The campus crime log shall include each
data element required by
KRS
164.9481(1).
(3) An institution shall develop and maintain
a written policy that:
(a) Ensures crime log
information is available to the public as soon as possible, but no later than
the time frame specified in
KRS
164.9481(1)(b);
and
(b) Is subject to the
limitations established in
KRS
164.9481(1).
(4) The policy shall state that
the institution shall not withhold information except as provided in
KRS
164.9481(1).
(5)
(a) An
institution may archive campus crime log entries after sixty (60) days have
elapsed from the date when an incident was reported.
(b) An institution that elects to archive
campus crime log entries shall respond, within two (2) business days, to a
request for material that has been archived.
Section 4. Special Reports. An institution
shall report, in writing, to the council on how it shall comply with the
provisions of
KRS
164.9481(2).
Section 5. Crime. The meaning of a crime
listed in
KRS
164.948(3) shall be
consistent, to the extent possible, with the definitions and standards
established in the Uniform Crime Reporting System of the federal government,
and with the Kentucky Revised Statutes, where appropriate.
Section 6. State Fire Marshal and Threat of
Fire.
(1) A threat of fire includes:
(a) A fire alarm, except as provided in
subsection (2) of this section; and
(b) An expression of an intention by a person
to engage in destructive burning or explosion.
(2) A threat of fire does not include an
alarm triggered for the purpose of:
(a)
Maintenance testing; or
(b) Fire
drill.
(3) A threat of
fire or fire shall be reported immediately by the campus security authority
designated pursuant to
KRS
164.9483(4) to:
(a) The State Fire Marshal; and
(b) The local fire department.
(4) An institution shall maintain
a fire scene until cleared by the State Fire Marshal's Office in accordance
with
KRS
164.9483(4).
Section 7. Annual Report. Each
institution shall file an annual report, as required by
KRS
164.9485, using Form MMA1.
Section 8. Enforcement.
(1)
KRS
164.993 provides civil and criminal penalties
for a violation of
KRS
164.9481 and
164.9483.
(2)
(a) A
person, including campus personnel who has reason to believe that any person
has violated, or knowingly induced another person, directly or indirectly, to
violate
KRS
164.9481 or
164.9483
may register a complaint with the State Fire Marshal's Office.
(b) A person who has reason to believe that
any person has violated
KRS
164.9481 or
164.9483
may register a complaint with the county attorney in the county where the
institution is located.
Section 9. Incorporation by Reference.
(1) "MMA1, 1/2001" is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Council on Postsecondary Education, 1024 Capital Center Drive, Suite 320,
Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.
