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HomeMy WebLinkAboutCC Resolution 14013 (MOU Dominican University; Crime Reporting)RESOLUTION NO. 14013 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN RAFAEL AND DOMINICAN UNIVERSITY REGARDING LAW ENFORCEMENT AND CRIME REPORTING. WHEREAS, the San Rafael Police Department has jurisdiction for law enforcement on the Dominican University campus or Dominican property within the City of San Rafael; and WHEREAS, recent California Education Code amendments require institutions, such as Dominican University, to establish a Memorandum of Understanding (MOU) with local law enforcement, such as the San Rafael Police Department, to provide for the reporting of ,specified crimes; and WHEREAS, Dominican University has requested that the City enter into an MOU containing specific requirements for Dominican University to report incidents of alleged crimes to the San Rafael Police Department, and for the Police Department to report to the Dominican University incidents of certain types of crimes. NOW THEREFORE, the City Council of the City of San Rafael hereby approves and authorizes the City Manager to execute the "Memorandum of Understanding between City of San Rafael and Dominican University Regarding Law Enforcement and Crime Reporting" attached as Exhibit "A" hereto and incorporated herein by reference. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of said City held on Monday, the 21st day of September, 2015 by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ,�sittDp— G- R", ESTHER C. BEIRNE, City Clerk MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF SAN RAFAEL AND DOMINICAN UNIVERSITY REGARDING LAW ENFORCEMENT AND CRIME REPORTING This Memorandum of Understanding ("MOU") is entered into as of the Zi', day of 5c_4?1eeei- , 2015, by and between the CITY OF SAN RAFAEL ("CITY") and DOMINICAN UNIVERSITY OF CALIFORNIA ("DOMINICAN"). 1. Purpose. The purpose of this MOU is to clarify the responsibilities regarding law enforcement, including the reporting of criminal activity involving DOMINICAN students, faculty and staff, on the DOMINICAN campus or on DOMINICAN property, in compliance with applicable law, including the requirements of Education Code Sections 67380-67383. 2. Law Enforcement. The CITY's Police Department has jurisdiction for law enforcement on the DOMINICAN campus or DOMINICAN property within the CITY (maps of which are attached). The CITY's Police Department shall investigate and prosecute, consistent with its established practices and applicable law, all known incidents of alleged felony and misdemeanor crimes on the DOMINICAN campus or on DOMINICAN property, including Part 1 violent crimes, sexual assaults, and hate crimes as defined in Education Code Section 67387. 3. Crime Ret)ortinR. DOMINICAN shall report to CITY's Police Department any incidents of alleged felony or misdemeanor crimes that have occurred on the DOMINICAN campus or on DOMINICAN property immediately or as soon as practicable after DOMINICAN becomes aware of such incidents. DOMINICAN shall encourage its students, faculty and staff to report any incidents of alleged felony or misdemeanor crimes to DOMINICAN and directly to the CITY's Police Department, while advising such students, staff and faculty of their right to maintain the confidentiality of their identities from public disclosure under applicable law in the case of Part 1 violent crimes, sexual assaults and hate crimes. CITY's Police Department shall notify DOMINICAN when its students or employees are victims or suspects in Part 1 violent crime, sexual assault or hate crimes, if that information becomes known to the CITY's Police Department during the course of its investigation, and shall submit to DOMINICAN by June 151 of each year a report containing statistics on felony and misdemeanor crimes on the DOMINICAN campus or on DOMINICAN property in the previous calendar year. 4. Sexual Assault Victim Assistance. In the case of any victim of sexual assault occurring on or off the DOMINICAN campus within the CITY's jurisdiction, where the victim has provided his or her consent, the CITY's Police Department shall transport the victim to a hospital for a Sexual Assault Forensic Examination ("SAFE exam"), shall pay for such 1 exam, shall collect and submit the SAFE exam for analysis by a crime lab, shall notify Community Violence Solutions, shall provide the victim with victim assistance materials, and shall coordinate referrals for the victim to appropriate support service agencies. 5. Dominican Campus Assessment Response and Evaluation ("CARE") Team. The CITY's Police Chief shall assign a Lieutenant as a liaison to the CARE team that meets twice monthly. The CITY's liaison shall participate in CARE team's meetings and discussions regarding appropriate responses and community outreach related to sexual assaults on and off campus that involve DOMINICAN students, faculty and staff. 6. Term. This MOU shall commence on the date first written above and shall continue in effect through December 31, 2018, unless extended by mutual agreement of the parties, which extension may be approved in writing by the City Manager. 7. Amendments. This MOU may be amended by written agreement of the parties. 8. Termination. This MOU may be terminated upon 30 days' written notice by either party giving notice to the other party at the following addresses: To CITY: City Manager 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To DOMINICAN: President Dominican University of California 50 Acacia Avenue San Rafael, CA 94914 IN WITNESS WHEREOF, the parties have executed this Agreement hereafter as of the date first above written. CITY LOW Approved as to form: Robert F. Epstein, Cit4Attep yy DOMINICAN UNIVERSITY OF CALIFORNIA By: Nicola P tch rd, Vice Presi ent for Academic fairs 2