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
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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
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