Policy Name: 129-A 6434 Investigation of Violent Felony Offenses and Reports of Missing Students
Responsible parties: Rector, Dean, and Dean of Students
I. Policy Statement
Consistent with Holy Trinity Seminary’s commitment to maintaining a safe and secure learning environment, the Seminary shall promptly, efficiently, and thoroughly investigate any Violent Felony Offense occurring on Seminary owned, operated, or controlled property as well as any report of a Missing Student. Such investigations shall be coordinated with local law enforcement agencies including, but not limited to, the Herkimer County Sheriff’s Department. The Seminary shall maintain written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports.
II. Reason for Policy
This policy is intended to enable the Seminary to comply with applicable provisions of the New York State Education Law and the Jeanne Clery Act.
III. Applicability of the Policy
All members of the campus community should be familiar with this policy.
IV. Related Documents
- New York State Education Law § 6434
- New York State Penal Law § 70.02
V. Contacts
The Most Rev. Luke (Murianka), Bishop of Syracuse |
Rector |
|
Dr. Nicolas Schidlovsky |
Dean (CEO) |
|
The Rev. Hieromonk Ignatius Matzschke Brull |
Dean of Students |
|
Rev. Ephraim Willmarth |
Assistant Dean |
VI. Definitions
Term |
Definition |
Missing Student |
Any student of the Seminary who resides in a facility owned or operated by the Seminary and who is reported to the Seminary as missing from his or her residence. |
Violent Felony Offense |
A Class B violent felony offense, Class C violent felony offense , Class D violent felony offense or Class E violent felony offense, as defined in New York State Penal Law § 70.02. |
VII. Procedures
Missing Students (residential):
Holy Trinity Seminary values student safety as a necessary component for successful learning. Therefore, and consistent with NYS Education Law § 6434 and the Jeanne S. Clery Act, the Administration and Security will take the following steps after a student is reported missing:
- Conduct a preliminary investigation which may include interviews of fellow students, suitemates, confidential contacts and faculty to ascertain the student’s whereabouts or an explanation for the student’s absence from campus.
- If and/or when the preliminary investigation reveals that the student has been missing for 24 hours the Administration will contact the Herkimer County Sheriff’s Department in order to transfer the responsibility for the investigation. In consultation with local law enforcement, an official of the Seminary will contact the student’s designated confidential contact if such is available, and will contact the custodial parent or guardian of any un-emancipated student under the age of eighteen years of age.
- The Administration will assist the Herkimer County Sheriff’s Department in any manner requested until the completion of the investigation.
Missing Students (Commuter)
- In cases where a commuter student is reported missing and their last known location is property owned or operated by Holy Trinity Seminary, the Administration will contact the Herkimer County Sheriff’s Department pursuant to the joint Memorandum of Understanding to transfer the responsibility for the investigation.
- The Administration will assist the Herkimer County Sheriff’s Department in any manner requested until the completion of the investigation.
- In cases where any law enforcement agency is investigating the disappearance of an Holy Trinity Seminary student from their jurisdiction, the Administration will assist that agency in any manner requested until the completion of the investigation.
Violent Felony Offenses:
Holy Trinity Seminary is committed to maintaining a safe and secure environment that supports learning and community access to facilities and services. Therefore, the Administration and Security will aggressively pursue the prompt, efficient, and thorough investigation resolution of any violent crime on Seminary owned, operated or controlled property. The Seminary Administration will take the following steps after a report of a violent felony offense:
- Responding officers will determine if the circumstances require immediate intervention in order to prevent further injury to victims or to insure the apprehension of offenders.
- If the offender(s) are no longer on campus and the immediate threat has ended officers will take the appropriate measures to provide support to victims and implement established protocols for criminal investigations.
- If it is determined that the elements of the offence are consistent with any Violent Felony Crime as defined under New York State Law, the Administration will contact the Herkimer County Sheriff’s Department pursuant to the joint Memorandum of Understanding in order to transfer responsibility for the investigation.
- The Administration will assist the Herkimer County Sheriff’s Department in any manner requested until the completion of the investigation.
The Seminary is required to file an annual report on its compliance with Education Law § 6434 with the New York State Commissioner of Education.
Revised 08/2014
Approved by the Rector and Board of Trustees August, 2014