Timely warnings are triggered as soon as pertinent information is available about Clery Act crimes that have been committed and represent a serious or an ongoing threat. The decision to issue a timely warning shall be decided and initiated, on a case-by-case basis, by considering all available facts, by the Vice-President for Student Affairs.
Timely warnings alert the campus community regarding any Clery Act crime committed on the Clery geography that has been reported to SEARK Security, CSAs or local police agencies and is considered to represent a serious or continuing threat to students and employees. Anyone with information warranting a timely warning should report the circumstances to SEARK Security, 870-557-4211 or 870-850-4899 or 4911
Timely warnings are typically issued for the following incidents when it is determined that the incident represents a serious or continuing threat to students and employees:
- Murder and non-negligent manslaughter
- Sexual Assault (considered on a case-by-case basis depending on the facts of the case, when and where the incident occurred, when it was reported, and the amount of information known). In cases involving sexual assault are often reported long after the incident occurred, as such, there may be no ability to distribute a “timely” warning notice to the community. All cases of sexual assault, including stranger and non- stranger/acquaintance cases, will be assessed for potential issuance of a timely warning notice.
- Aggravated assault (cases involving assaults among know parties, such as two roommates fighting which results in an aggravated injury, will be evaluated on a case-by-case basis to determine if the individual is believed to be an ongoing threat to the larger community.)
- Major incidents of Arson
- Domestic violence, dating violence, stalking
- Other crimes as determined necessary
A timely warning may be distributed to the campus using some or all of the following mechanisms:
- SEARK Alert System
- Flyers posted on bulletin boards, exterior doors in academic buildings, outdoor boards and administrative buildings.
- Campus meetings and/or announcements
- Posted on one or more campus websites: https://www.seark.edu
Information contained in each timely warning will include: 1) specific information about the crime that prompted the alert (date/time/location and nature of the crime); 2) information promoting safety (crime prevention and safety tips); and 3) information that will assist individuals in protecting themselves (what action to take or not take). The name(s) of alleged victim(s) will be withheld as confidential from all timely warnings.
Timely Warning Notices will be distributed as soon as pertinent information is available, in a manner that withholds the names of victims as confidential, and with the goal of aiding in the prevention of similar occurrences.
NOTE: FERPA does not preclude an institution’s compliance with the timely warning provision of the campus security regulations. FERPA recognizes that information can, in case of an emergency, be released without consent when needed to protect the health and safety of others. In addition, if institutions utilize information from the records of a campus law enforcement unit to issue a timely warning, FERPA is not implicated as those records are not protected by FERPA. [34 CFR.99.31(b) (6) and 99.36]