DUKE UNIVERSITY
(Main Campus, Marine Lab, Duke in DC Program)
2023 Annual Clery Security Report
Policy Information for 2023-2024 Academic Year
Contains Crime Statistics for 2020-2022
Table of Contents
Welcome……………………………………………………..…....…….….1
Overview of the Duke Police Department……………………...……….…2
The Campus Security Act and Legal Requirements…..…...…….……….….3
Professional Standards………………………………..………..……….…..4
Incident Reporting and Response…………………………………..…..…..5
Durham Crime Stoppers………..…..……………………………………....6
Voluntary and Confidential Reporting………………………………...….....6
Timely Warning Notification; Emergency Response Plan…..…….…...….....7
Emergency Notification Systems at Duke University………..…….………..8
Fire Safety Report……………………………………..…….……………..13
Sexual Assault, Domestic Violence, Dating Violence, and Stalking…...…....14
Security and Access to Facilities…..……….…………………………..…..32
Alcoholic Beverages and Illegal Drugs……………..……………….….......33
North Carolina State Law Regarding Alcohol……….….…………...…..…34
Drugs and Drug Paraphernalia……………………….……………......…..35
Missing Student Notification Policy………………………….…...……….36
Crime Statistics; Explanation; and Terms……….….……….…….....….….37
Crime Reduction: Information & Services……………….……...…...….....42
Crime Reduction Tips……...………………………………..……….…….43
Safety Off-Campus………………………………………..…...…….....….44
Safety at the Duke Marine Laboratory………………………….…...….….45
Safety at the Duke in DC Program….………………………….…...….….46
Appendix 1: N.C. Criminal Law Definitions………..…...………………...48
Appendix 2: Federal Drug & Alcohol Law Definitions…….…...……..…..52
Appendix 3: D.C. Drug & Alcohol Law Definitions..…...…………….…...56
Duke University is a large and complex instuon with a workforce of just under 50,000 faculty and employees, a stu-
dent body of more than 17,000, and numerous paents and visitors each year. Ensuring a safe environment across
such a broad and dynamic campus is a shared responsibility that involves all members of the Duke community.
We rely on all members of the Duke community to help idenfy and report potenal safety concerns. In addion,
certain individuals and departments have unique responsibilies for helping to ensure a safe and secure campus; they
include those idened as Campus Security Authories — those with signicant responsibility for students and student
acvity — and the Duke University Police Department.
The Duke University Police Department provides 24-hour law enforcement and security services for the main academic
campus in Durham and Duke University Hospital. The department works closely with members of the Duke community
to solve problems and proacvely address issues that will reduce the likelihood of crime occurring on our campus.
Each year, Duke issues an annual report about safety and security programs and crime stascs as part of compliance
with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Stascs Act (“Clery Act”). The stascs
reect incidents that have occurred within the main academic campus or Duke University Hospital and those from
municipal police for the public areas immediately adjacent to the campus. In addion to these numbers, we include
crime stascs for properes that are frequented by students such as the Duke Marine Lab and the Duke in DC Pro-
gram that are owned or controlled by Duke but are not immediately adjacent to the main campus.
We hope you will nd this report valuable. Please review this informaon carefully and, in parcular, the crime
prevenon ps included. Personal safety is a responsibility of everyone, and we need your assistance in helping to
make our campus a safe environment.
Thank you.
Russell Thompson
Vice President, Operaons
John Dailey
Chief of Police
Email:
john.dailey@duke.edu
Phone:
(919) 684-5615
The Duke University Police Department (DUPD) provides law enforcement and secu-
rity services to Duke University.
The department is comprised of state cered police ocers, security ocers,
communicaons ocers, and civilian support sta. We also supplement stang
with contract and special event security. DUPD ocers are commissioned under
the North Carolina General Statutes. Police ocers have full police enforcement
authority granted to any municipal law enforcement ocer, including the authori-
ty to make arrests. Police jurisdicon includes property owned by, or under the
control of, Duke University, which includes adjacent public streets and sidewalks.
DUPD also assigns security ocers and contract security ocers on campus. Secu-
rity ocers, who have jurisdicon only on Duke campus and medical center prop-
erty, have authority to enforce University policies and rules. Security ocers work
closely with our police ocers in constantly patrolling University properes and
assisng employees and visitors. DUPD, along with various departments and Duke
organizaons, may also employ contract personnel for support during campus
events. These event personnel enforce facility and University policy.
The department also maintains a fully staed invesgaons division, a professional
recruing and training unit, and a 9-1-1 Emergency Communicaons Center. In
addion, DUPD has sophiscated communicaons and radio systems to provide
for instant communicaon between local and state agencies in mes of
emergency.
DUPD maintains a close working relaonship with the Durham Police Department
(DPD), the Durham County Sheri’s Oce, the SBI and FBI. In the normal course of
business, DUPD takes all criminal reports and conducts criminal invesgaons for
incidents arising on campus. On occasion, DUPD may request support from other
law enforcement agencies to assist with an incident when that assistance will aid
the invesgaon. DUPD also has a wrien agreement (MOU) with DPD that spe-
cically addresses the response and assistance between campus and Durham City
jurisdicon and the sharing of resources.
DUPD is accredited by the Commission on Accreditaon for Law Enforcement
Agencies through an independent evaluaon by outside assessors. Our policies
and procedures must meet and maintain accepted standards, developed by an ex-
tensive body of public safety praconers.
Please visit the department's web site at hps://police.duke.edu/. This site includes
detailed informaon about our services, along with a telephone and email directory
of key department personnel.
• Publish an annual report every year by October 1 that contains three years of campus crime stascs and certain
campus security policy statements;
• Disclose crime stascs for the campus, public areas immediately adjacent to, or running through, the campus, and
certain non-campus facilies and remote classrooms. The stascs must be gathered from campus police or
security, local law enforcement, and other University ocials who have “signicant responsibility for student and
campus acvies;”
• Provide “mely warning” noces of those crimes that have occurred and “pose an ongoing threat to students and
employees;”
• Disclose in a public crime log “any crime that occurred on campus. . . or within the patrol jurisdicon of the campus
police or the campus security department and is reported to the campus police or security department;”
• Disclose any agreements with state and/or local law enforcement.
DUPD prepares and distributes the Annual Security Report. DUPD gathers policy informaon and crime stascs from
other Duke University departments and Campus Security Authories, such as the Oce of Student Conduct and other
oces within the Division of Student Aairs. DUPD also requests crime stascs from the Durham Police Department
and other law enforcement agencies where Duke University owns or controls property. All of the crime stascs gath-
ered are then incorporated into the Crime Stascs tables located below.
DUPD encourages members of the Duke University community to use this report as a guide for safe pracces on and
o campus. It is available on the web at hps://police.duke.edu/news-stats/clery.
Each member of the University community receives an email that describes the report and provides its web address.
For a paper copy, contact the Duke University Police Department at 502 Oregon Street, Durham, NC 27708 or
(919) 684-4602.
DUPD updates the Daily Crime Log within two business days and includes all crimes reported to the DUPD that have
occurred on campus, in the university’s patrol jurisdicon, or on other Clery geography. It is available during business
hours at Duke University Police Department, 502 Oregon Street, Durham, NC 27708. It is updated and available on the
DUPD website for 60 days at hps://police.duke.edu/summaries .
Note: Unless otherwise indicated, all policy statements contained in this report apply to all campuses.
The Police Department's relaonship with the community is vital to a safe and secure campus. All members of the Duke
community should expect to be treated in a courteous and professional manner by members of our department. The
Duke Police Department will not tolerate unprofessional behavior by an employee. We also wish to recognize instances
where our employees have been especially helpful or have exceeded your expectaons in the service they have
provided.
The quality of our service is dependent, in part, on feedback from the community. The police department has an exten-
sive professional standards process in place to respond to cizen complaints and concerns. The department also has
various ways in which we are able to recognize outstanding performance by our employees.
Please help us improve our department by bringing your compliments and concerns to the aenon of any of the fol-
lowing individuals in a mely manner:
• Request the on-duty Police Supervisor (normally a Police Lieutenant) by calling (919) 684-2444; this individual is
available 24-hours a day.
• Address wrien correspondence to: Chief of Police, Duke University Police Department, Box 90425, Durham, NC
27708-0425.
Students, employees, paents, and visitors are encouraged to immediately report any criminal oense, suspected crim-
inal acvity, or other emergency on campus directly to the Duke University Police Department (DUPD) or to the appro-
priate police agency for crimes occurring o campus. Sex Oenses and other incidents of sexual or relaonship vio-
lence may also be reported to the Title IX Coordinator at the Oce of Instuonal Equity (o[email protected], (919) 684-
8222). Students may also report incidents to the Oce of Student Conduct ([email protected], (919) 684-6938).
Reporng a crime, or an emergency, to DUPD can be done in several ways. The rst is to use one of the emergency or
help phones available on campus and in the medical center. The second way is to simply dial 9-1-1 on any telephone.
Dialing 9-1-1 will reach the Duke Police Department from every Duke telephone exchange. If dialing from a cell phone
or an o-campus telephone within Durham, the call will reach the Durham Police Communicaons Center. In either
case, each agency has communicaon with the other and calls can be transferred. For non-emergency calls to the Duke
Police Department, dial (919) 684-2444. We encourage students and employees to put this non-emergency number
into their cell phones as a speed dial entry. A third way to contact DUPD is by two-way texng from a mobile device;
through the LiveSafe mobile app (https://prepare.duke.edu/programs/livesafe/), students and employees can text mes-
sage police and emergency services immediately as well as submit ps to the police or even request a friend to watch
them while walking alone.
Reporng crime to DUPD allows the University to maintain accurate records on the number of incidents for inclusion in
the annual disclosure of crime stascs; determine if there is a paern of crime with regard to a parcular locaon,
method or assailant; and alert the campus community of an ongoing threat, if needed.
Members of the Duke community are encouraged to accurately and promptly report crime and emergencies to the
Duke University Police Department, including when a vicm of a crime elects not to, or is unable to, make such a
report.
To report a crime for stascal purposes only, you may contact the Dean of Student Conduct at [email protected] or
to Sta & Labor Relaons at (919) 684-2808 or (919) 684-5557.
Duke Police dispatchers are available at the numbers above (919) 684-2444 or 9-1-1 from a campus phone 24 hours a
day to answer your calls. DUPD’s procedures include an immediate response to emergency calls. DUPD works closely
with the full range of city and county rst responders to ensure a complete and mely response to all emergency calls.
Priority response is given to crimes against persons and personal injuries. In response to a non-emergency call, DUPD
will take the required acon, either dispatching an ocer or asking the vicm to report to DUPD to le an incident
report. For many types of reports, this may also be done online at hps://police.duke.edu/report-crime/online-
reporng-form. Special services include experienced invesgators as well as the generous availability of local, state,
and federal law enforcement agencies in providing support and assistance. DUPD incident informaon involving stu-
dents is forwarded to the Oce of Student Conduct for potenal acon, as appropriate; if the incident involves an
employee, this informaon may be reported to Duke Human Resources.
DukeReach directs faculty, sta, parents and others to the resources available to help a student in need. Services par-
cipang in DukeReach come from across campus. The program is managed by the Dean of Students Oce. Access
DukeReach at hps://studentaairs.duke.edu/dukereach1. This website provides students with the resources to nd
appropriate help for themselves or for others.
In addion to the above means of reporng incidents and obtaining resources for them, you may report crimes that
you witness or have informaon about that occur in the City of Durham or Durham County to Durham CrimeStoppers
at (919) 683-1200.
Occasionally, vicms of crime wish to report a crime but do not want to give their name and/or do not want to pursue
acon through the criminal jusce or University disciplinary systems.
If you are the vicm of a crime and do not want to pursue acon within the University system or the criminal jusce
system, you may sll want to consider making a condenal report. With your permission, a DUPD ocer can le a
report on the details of the incident without revealing your identy (except to the Title IX Coordinator in the event of a
reported sex oense or sexual harassment so that you can be oered support and resources). The purpose of a con-
denal report is to comply with your wish to keep the maer condenal, while taking steps to enhance the future
safety of yourself and others. With such informaon, DUPD can keep an accurate record of the number of incidents
involving students, employees, and visitors; determine whether there is a paern of crime with regard to a parcular
locaon, method, or assailant; and alert the campus community to potenal danger. Reports led in this manner are
counted and disclosed as stascs in the annual crime stascs for the instuon.
As allowed by the Clery Act, pastoral and professional counselors who receive condenal reports are not required to
report these crimes to the University Police for inclusion into the annual disclosure of crime stascs or for the pur-
pose of a mely warning. These posions are dened as follows:
- person who is associated with a religious order or denominaon, is recognized
by that religious order or denominaon as someone who provides condenal counseling, and
is funconing within the scope of that recognion as a pastoral counselor.
- person whose ocial responsibilies include providing mental health
counseling to members of the instuon’s community and who is funconing within the scope
of his or her license or cercaon.
Pastoral counselors and professional counselors, if and when they deem it appropriate, are encouraged to inform the
persons they are counseling of the procedures to a report crime to the Duke University Police Department for inclusion
in the annual disclosure of crime stascs.
You may also report incidents anonymously at the Duke Police website through the Silent Witness Program:
( hps://duke.qualtrics.com/jfe/form/SV_03oOlUESyrA8xaC)
Along with reports in which complete anonymity is desired, the Silent Witness program is also designed to provide the
police with crime informaon.
Duke University issues for Clery crimes that occur in our geography (On Campus, Public Prop-
erty, and Non-campus Property) and pose a serious or connuing threat to students and employees. The warnings are
mely, issued in a manner that withholds the names of the vicms as condenal, and may aid in the prevenon of
similar occurrences.
Timely Warnings are typically issued for the following Uniform Crime Reporng Program (UCR)/Naonal Incident Based
Reporng System (NIBRS) crime classicaons:
• Murder/Non-Negligent Manslaughter
• Aggravated Assault (cases involving assaults among known pares, such as two roommates ghng, 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 Duke community)
• Robbery involving force or violence (cases including pick pockeng and purse snatching will typically not result in
the issuance of a Timely Warning Noce, but will be assessed on a case-by-case basis)
• Sexual Assault (considered on a case-by-case basis depending on the facts of the case, when and where the inci-
dent occurred, when it was reported, and the amount of informaon known; cases involving sexual assault are
oen reported long aer the incident occurred, thus there is no ability to distribute a “mely” warning noce to
the community. All cases of sexual assault, including stranger and non-stranger/acquaintance cases, will be as-
sessed for potenal issuance of a Timely Warning Noce.)
• Major incidents of Arson
• Other Clery crimes as determined necessary by the Chief of Police or designee
Aer nocaon by on-duty sta, the Chief of Police or a designee and the VP for Operaons or a designee determine
on a case-by-case basis if a mely warning is necessary. Alerts are wrien and distributed to the community by the
Duke Police Department or by University Communicaons sta. These warnings may be made by e-mail and/or text
messaging, along with Duke and local news service, as determined by each circumstance.
The Duke University Emergency Management Plan (EMP) is the University’s emergency response plan. The EMP
documents the framework, processes and communicaons required for a successful response to, and recovery from,
an emergency incident. The plan includes descripons of categories for the classicaon of emergency incidents, as
well as specic responsibilies and acons by level. The EMP also discusses the role of Department Operaons Teams
(DOT), which are based at the local department or unit.
Duke University Police supervisors have received training in Incident Command and Responding to Crical Incidents on
Campus. If a serious incident occurs that causes an immediate threat to the campus, the rst responders to the scene
are usually DUPD and the Durham Fire Department, and they typically respond and work together to manage the inci-
dent. Depending on the nature of the incident, other Duke University departments and other local or federal agencies
could also be involved in responding to the incident.
General informaon about the emergency response and evacuaon procedures for Duke University are publicized each
year as part of the instuon’s Clery Act compliance eorts, and that informaon is available on the Duke Alert website
at https://emergency.duke.edu/what-to-do.html and at the University’s primary Emergency Management site at
https://emergency.duke.edu/ .
Duke University has a number of communicaon systems to alert students, faculty, sta and visitors in the event of a
signicant emergency or dangerous situaon on campus that involves an immediate threat to the health or safety of
the campus community. Duke will iniate these systems, called DukeALERT, without delay, once rst responders
and/or the Emergency Coordinator conrm a signicant emergency or dangerous situaon involving an immediate
threat to the health or safety of students or sta occurring on the campus.
The DukeALERT system includes the following communicaon opons: text message, blast email, website web alert
bar, digital signs, an outdoor siren system, as well as other contact methods outlined below. In considering the safety
of the campus community, Duke ocials will, without delay, and taking into account the safety of the community, de-
termine the content of the emergency message and iniate the nocaon unless this will, in the professional judg-
ment of responsible authories, compromise the eorts to assist vicms or to contain, respond to, or otherwise mi-
gate the emergency. Community members, upon receiving a noce of an alert, should seek addional informaon
primarily from Duke University Emergency webpage at hps://emergency.duke.edu and take acons to protect them-
selves and to alert others.
Duke University is commied to the safety of its stu-
dents, faculty, sta, paents and visitors. One com-
ponent of Duke’s comprehensive safety systems in-
cludes the ability to make mass, campus-wide no-
caons of emergency situaons that may pose a
threat to the health and safety of members of the
Duke community.
These nocaons can be classied generally as:
• DukeALERT Emergency Nocaon
• Timely Warning Noce (as described above)
For the latest
DukeALERT
Information, log onto:
https://emergency.duke.edu
-nocaon of a signicant emergency when individuals need to take
immediate acon to protect life.
Duke University has mulple communicaon opons available for alerng the Duke community. Some or all of these
methods of communicaon may be acvated in an emergency situaon. Examples of signicant emergencies may
include signicant hazardous material leaks, tornadoes, contagious and dangerous diseases, etc. The Chief of Police or
designee and the Emergency Coordinator or designee determine whether a nocaon will be made, develop its con-
tent, and send it or authorize the iniaon of the system that sends it.
The emergency communicaon opons, called DukeALERT, include:
Outdoor siren system alert persons outside to seek shelter
and obtain more informaon
Text messaging alert individuals who have registered their
mobile device at hps://emergency.duke.edu by
text message of an emergency or incident
Email nofy Duke email accounts
Duke Emergency Website serve as the primary source and consolidaon of
emergency and informaon updates
Direct contact ocials may alert specic community
members directly, depending on the situaon
Digital signs alert visitors and other members of the Duke community
who are gathered in public areas such as the Bryan
Center or Nasher Museum
Other opons, such as nocaon through building re alarms, public address systems, in person noces and
announcements, as well as Duke Hospital nocaon systems and processes, may also be used. Duke community
members may sign up to receive text messages at hps://emergency.duke.edu. Nocaon to the larger community
may be made through the local media. Follow-up informaon will be distributed using some or all of the idened
communicaon systems (except re alarm).
The Duke University Police Department (DUPD) will respond to reported incidents and will immediately nofy the cam-
pus community upon the conrmaon of a signicant emergency or dangerous situaon involving an immediate threat
to the health or safety of students or employees occurring on the campus. The response may be in conjuncon with
others, such as the Durham Fire Department or hazardous material ocials.
In some cases, other University ocials (such as members of Duke Occupaonal and Environmental Safety Oce, the
Vice President for Student Aairs, and the Emergency Coordinator) may recognize and conrm a dangerous or emer-
gency situaon involving an immediate threat to the health and safety of the campus, such as a radiaon safety inci-
dent, hazardous materials spill, pandemic u, etc.
Upon conrmaon of an emergency, following its emergency nocaon procedures, DUPD management or other
University ocials will typically coordinate with the Duke University Emergency Coordinator. Together, they will deter-
mine which segment(s) of the campus community will be warned and will determine the content of the warning.
Depending on the circumstances, the Duke Police supervisor on duty has the authority and capability to acvate the
outdoor warning system. The supervisor would immediately coordinate with the Police Sta Duty Ocer, who has the
authority and capability to acvate the mass email and text message systems. When informaon that abates the emer-
gency has been received, a follow-up DukeALERT message will be sent to nofy the community. Typically, the Chief of
Police or designee and the Vice President for Operaons or designee will be responsible for determining the content,
i.e., wring the emergency nocaons. Ocials in DUPD and University Communicaons sta can acvate the
DukeALERT system to send mass emails and text messages. If there is an immediate threat to the health or safety of
students or employees occurring on campus, Duke University will follow its emergency nocaon procedures. A
Timely Warning will not be issued based on the same circumstances as the Emergency Nocaon, although the Emer-
gency Nocaon uses the same methods of distribuon. Duke University will provide adequate follow-up informaon
to the community, as needed.
Duke assesses its emergency response plans and systems each year through scheduled drills, exercises and appropriate
follow through acvies designed for assessment of emergency plans and capabilies. These exercises are conducted
both at the department/division level, as well as the instuonal level.
In conjuncon with other emergency agencies, the University conducts emergency response drills and exercises each
year such as tabletop exercises, eld exercises, and tests of the emergency nocaon systems on campus. These
tests, which may be announced or unannounced, are designed to assess the emergency plans and capabilies of the
instuon. Each test is documented and includes a descripon of the exercise, the date and me of the exercise, and
whether it was announced or unannounced.
The DukeALERT outdoor siren system, text message, and email systems are tested three mes annually (each semes-
ter, including once during summer session); emergency procedures and evacuaon plans are publicized in conjuncon
with this test. Duke University Occupaonal and Environmental Safety Oce also conducts announced and unan-
nounced building evacuaon drills each year.
The Duke University Emergency Coordinator chairs the Emergency Management Council (EMC). The EMC oversees
Duke’s preparaon and planning for emergencies.
Community members, upon receiving a noce of an alert, should seek addional informaon primarily from Duke
University Emergency Webpage at hps://emergency.duke.edu and take acons to protect themselves and to alert
others. Generally, it is dicult to provide a set of instrucons applicable to all community members. Individual acons
will depend on factors such as the type and one’s proximity to the emergency. We encourage everyone to be familiar
with department and University emergency plans.
Incidents may occur on campus that do not appear to involve an immediate threat to the health and safety of students
or employees but, due to their signicance, may jusfy community nocaon.
Incidents may include, but are not limited to: follow up to an emergency nocaon; a signicant incident on or o
campus; severe weather warning; or a major facilies failure.
Communicaon opons for incident informaon include: email, hps://emergency.duke.edu, Duke Today and media
outlets.
-- “--”
If a dangerous incident occurs, there is a signicant weather event, or if the air outdoors becomes dangerous due to
toxic or irritang substances, it is usually safer to stay indoors because leaving the area may expose you to the danger-
ous condion. Thus, to “shelter-in-place” means to make a shelter of the building that you are in, and with a few
adjustments, this locaon can be made even safer and more comfortable unl it is safe to go outside.
“--”
A shelter-in-place nocaon may come from several sources, including DukeALERT, Housing Sta members, Duke Po-
lice or other University employees, Durham Police, or other authories using the University’s emergency communica-
ons tools.
“-”
No maer where you are, the basic steps of shelter-in-place will generally remain the same. Should the need ever
arise, follow these steps, unless instructed otherwise by local emergency personnel:
1. If you are inside, stay where you are. Collect any emergency shelter-in-place supplies and a telephone to be
used in case of emergency. If you are outdoors, proceed into the closest building quickly or follow
instrucons from emergency personnel on the scene.
2. Locate a room to shelter inside. It should be:
-An interior room;
-Above ground level; and
-Without windows or with the fewest windows possible. If there is a large group of people inside a
parcular building, several rooms maybe necessary.
3. Shut and lock all windows (ghtly seal) and close exterior doors.
4. Turn o air condioners, heaters, and fans, if applicable.
5. Close vents to venlaon systems as you are able. (If needed, University sta will turn o the venlaon as
quickly as possible.)
6. Make a list of the people with you and ask someone (hall sta, faculty, or other sta) to call the list in to
Duke Police so they know where you are sheltering. If only students are present, one of the students should
call in the list.
7. If safe to do so, turn on a radio , TV, monitor news and social media sites, and listen for further instrucons.
8. Make yourself comfortable.
Duke University regularly conducts re drills requiring evacuaon in its facilies. These drills are conducted at least
annually and are used to:
• Familiarize community members to the audible and visible evacuaon signals and the exit routes available to
use in the event of a re or other situaon that requires immediate evacuaon.
• Evaluate the performance of the employees in a re incident and the eecveness of the behaviors used in
accordance with the re drills and the emergency plans/site specic re plans.
The results of the drills are documented. Evacuaon procedures are as follows:
1. Close all windows and leave the overhead light ON.
2. Before opening any door, feel the door. If it is HOT, do not open it; if it is not hot, brace yourself against the
door, open it slightly, and if heat or heavy smoke are present, close the door and stay in your room.
3. If you cannot leave the room, open the window, hang a sheet or other light-colored object out of the window
to aract the aenon of emergency personnel and then close the window. If there is a phone in the room,
call Campus Police (911) and report that you are trapped. Remain calm and give your room number and build-
ing locaon. Stu towels, sheets, or similar materials under all doors leading into corridors. Stay close to the
oor if smoke enters the room.
4. If condions allow you to leave the room, close, but do not lock, the door and walk directly to the nearest exit
and leave the building.
5. If you are away from your room when the alarm sounds, do not return to your room, but leave the building via
the nearest exit.
6. DO NOT use elevators. If hallways and/or exit stairwells are not accessible because of heavy smoke, return to
your room, close the door and follow the instrucons given above.
7. If you have exited the facility, stand clear of the building and report to your designated check-in area. Emer-
gency apparatus may be maneuvering around the building.
8. Follow the direcons of re and police personnel and NEVER re-enter the building unl they give permission to
do so.
- to include
paents, visitors, students and employees.
- . Give the following informaon:
The exact locaon of the re (Building and Locaon-Area, Building Zone or Color or
Zone Floor, Room Number) and the name of person calling and phone number.
- to prevent the spread of re and smoke.
- with a portable re exnguisher or
Go to hps://safety.duke.edu/re-life-safety/re-drill-program for addional informaon concerning the Fire Drill Pro-
gram, re safety and evacuaons.
Evacuaon is mandatory for all individuals when the re alarm is sounding. Anyone who fails to evacuate may face
disciplinary acon.
Once a re alarm sounds, do not assume that a re alarm is a drill or false alarm. Remain calm and evacuate the
facility. Remember to follow the instrucons of the emergency responders. Do not re-enter the facility unl
authorized. If you have any informaon regarding the alarm, present that informaon immediately to the responding
emergency personnel.
While evacuang, remain aenve for dangerous or criminal acvity that may be associated with the evacuaon
noce. Fire alarm acvaons may be associated with incidents other than re. It is also possible that an individual has
falsely acvated the alarm system. If you observe criminal or suspicious acvity, report it immediately to the Duke
University Police.
--
The Campus Fire Safety Right-to-Know Act is an amendment to the Higher Educaon Opportunity Act. This amendment
serves to increase campus re safety awareness across the naon, providing students and their families with the re
safety records of colleges/universies. Signed into law by President George W. Bush on August 14, 2008, this amend-
ment requires post-secondary instuons to publicly release re safety informaon and stascs, much as they al-
ready do with other safety stascs, such as campus vehicle thes and assaults. This informaon provides prospecve
and current students the policies, concerns, and re safety condions that are present at the instuon to which they
have applied or are enrolled. See hps://www.safety.duke.edu/re-life-safety/campus-re-safety-right-know-act.
The current full report for 2023, including re stascs for on-campus residences and building evacuaon procedures,
can be accessed at: hp://safety.duke.edu/sites/default/les/AFSR2022.pdf.
Duke University does not discriminate on the basis of sex in its educaonal programs, and sexual harassment and sexu-
al violence are types of sex discriminaon. Other acts can also be forms of sex-based discriminaon and are also pro-
hibited, sexually based or not, and include dang violence, domesc violence, and stalking. As a result, Duke University
issues this statement of policy to inform the community of our comprehensive plan addressing sexual misconduct, edu-
caonal programs, and procedures that address sexual assault, domesc violence, dang violence, and stalking, wheth-
er the incident occurs on or o campus within its program or acvies, and when it is reported to a University ocial.
In this context, Duke University prohibits the oenses of domesc violence, dang violence, sexual assault, and stalking
and rearms its commitment to maintain a campus environment emphasizing the dignity and worth of all members of
the University community.
Click here for informaon on Duke University’s Policy on Prohibited Discriminaon, Harassment, and
Related Misconduct: hps://oie.duke.edu/ppdhrm.
Click here for informaon on Duke University’s Workplace Violence Prevenon and Response Policy:
hps://hr.duke.edu/policies/workplace-health-safety/violence-prevenon-response.
While North Carolina law does not dene “consent,” the university denes consent as an armave decision
to engage in mutually acceptable sexual acvity freely given by clear acons and/or words. Consent may not be in-
ferred from silence, passivity, or lack of acve resistance alone.
• A current or previous dang or sexual relaonship is not sucient to constute consent, and consent to one form
of sexual acvity does not imply consent to other forms of sexual acvity.
• Consent is not freely given when the individual is incapacitated. Consent is not freely given when the individual is
coerced into sexual acvity, such as, for example, through the use of physical force, threat of physical or emoonal
harm, undue pressure, isolaon, or connement.
• Consent may be withdrawn at any me. Once withdrawn, sexual acvity must cease.
• The perspecve of a reasonable person will be the basis for determining whether a Respondent knew, or reasona-
bly should have known, whether a Complainant was able to freely give consent and whether consent was given.
Addionally, being intoxicated or incapacitated does not diminish one’s responsibility to obtain consent and will
not be an excuse for Prohibited Conduct.
The purposes for which this denion is used include sexual misconduct policy violaons.
Under the Clery Act, “sexual assault” means an oense that meets the denion of rape, fondling, in-
cest, or statutory rape as used in the FBI’s Uniform Crime Reporng system. A sex oense is any act directed against
another person, without the consent of the vicm, including instances where the vicm is incapable of giving consent.
—Rape is dened as the penetraon, no maer how slight, of the vagina or anus with any body part or object, or oral
penetraon by a sex organ of another person, without the consent of the vicm.
—Fondling is dened as the touching of the private parts of another person for the purposes of sexual gracaon,
without the consent of the vicm, including instances where the vicm is incapable of giving consent because of his/
her age or because of his/her temporary or permanent mental incapacity.
—Incest is dened as nonforcible sexual intercourse between persons who are related to each other within the degrees
wherein marriage is prohibited by law.
—Statutory Rape is dened as nonforcible sexual intercourse with a person who is under the statutory age of consent.
See “Appendix 1: Criminal Law Denions” for the State of North Carolina criminal oenses for Sexual Assault.
Under the Clery Act, the term ‘‘domesc violence’’ means
1) Felony or misdemeanor crimes of violence commied—
(i) By a current or former spouse or inmate partner of the vicm;
(ii) By a person with whom the vicm shares a child in common;
(iii) By a person who is cohabitang with or has cohabitated with the vicm as a spouse or inmate partner;
(iv) By a person similarly situated to a spouse of the vicm under the domesc or family violence laws of the jurisdicon
in which the crime of violence occurred; or
(v) By any other person against an adult or youth vicm who is protected from that person’s acts under the domesc or
family violence laws of the jurisdicon in which the crime of violence occurred.
2) For the purposes of complying with the requirements of this secon and secon 668.41, any incident meeng this
denion is considered a crime for the purposes of Clery Act reporng.
See “Appendix 1: Criminal Law Denions” for the State of North Carolina criminal oenses for Domesc Violence.
Under the Clery Act, the term ‘‘dang violence’’ means violence commied by a person
1) Who is or has been in a social relaonship of a romanc or inmate nature with the vicm and
2) The existence of such a relaonship shall be based on the reporng party’s statement and with consideraon of the
length of the relaonship, the type of relaonship, and the frequency of interacon between the persons involved in
the relaonship.
For the purposes of this denion-
(i) Dang Violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(ii) Dang violence does not include acts covered under the denion of domesc violence.
For the purposes of complying with the requirements of this secon and secon 668.41, any incident meeng this de-
nion is considered a crime for the purposes of Clery Act reporng.
See “Appendix 1: Criminal Law Denions” for the State of North Carolina criminal oenses for Dang Violence,
which is included under the denion for Domesc Violence.
Under the Clery Act, the term “stalking” means
1) Engaging in a course of conduct directed at a specic person that would cause a reasonable person to—
(i) Fear for the person’s safety or the safety of others; or
(ii) Suer substanal emoonal distress.
2) For the purposes of this denion—
(i) Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or
through third pares, by any acon, method, device, or means follows, monitors, observes, surveils, threatens, or com-
municates to or about, a person, or interferes with a person’s property.
(ii) Substanal emoonal distress means signicant mental suering or anguish that may, but does not necessarily, re-
quire medical or other professional treatment or counseling.
(iii) Reasonable persons means a reasonable person under similar circumstances and with similar idenes to the vicm.
3) For the purposes of complying with the requirements of this secon and secon 668.41, any incident meeng this
denion is considered a crime for the purposes of Clery Act reporng.
See “Appendix 1: Criminal Law Denions” for the State of North Carolina criminal oenses for Stalking.
The University engages in comprehensive, intenonal, and integrated programming, iniaves, strategies, and cam-
paigns intended to end dang violence, domesc violence, sexual assault and stalking that:
• Are culturally relevant, inclusive of diverse communies and idenes, sustainable, responsive to community
needs, and informed by research, or assessed for value, eecveness, or outcome; and
• Consider environmental risk and protecve factors as they occur on the individual, relaonship, instuonal,
community and societal levels.
Educaonal programming consists of primary prevenon and awareness programs for all incoming students and em-
ployees and ongoing awareness and prevenon campaigns for students and employees that:
a. Idenes domesc violence, dang violence, sexual assault and stalking as prohibited conduct;
b. Denes using denions provided both by the Department of Educaon as well as state law what behavior cons-
tutes domesc violence, dang violence, sexual assault, and stalking;
c. Denes what behavior and acons constute consent to sexual acvity using the denion of consent found
above, and the purposes for which the instuonal denion is used. The local jurisdicon does not dene consent.
See Secon A above, “Denions”, for the Duke University denion of Consent;
d. Provides a descripon of safe and posive opons for bystander intervenon. Bystander intervenon means safe
and posive opons that may be carried out by an individual or individuals to prevent harm or to intervene when
there is a risk of dang violence, domesc violence, sexual assault or stalking. Bystander intervenon includes rec-
ognizing situaons of potenal harm, understanding instuonal structures and cultural condions that facilitate
violence, overcoming barriers to intervening, idenfying safe and eecve intervenon opons, and taking acon to
intervene;
e. Informaon on risk reducon. Risk reducon means opons designed to decrease perpetraon and bystander in-
acon, and to increase empowerment for vicms in order to promote safety and to help individuals and communi-
es address condions that facilitate violence;
f. Provides an overview of informaon contained in the Annual Security Report in compliance with the Clery Act, in-
cluding informaon regarding:
i. Procedures vicms should follow if a crime of domesc violence, dang violence, sexual assault, or stalk-
ing occurs (as described in “Procedures Vicms Should Follow if a Crime of Domesc Violence, Dang
Violence, Sexual Assault, or Stalking Occurs” elsewhere in this document);
ii. How the instuon will protect the condenality of vicms and other necessary pares (as described in
“Assistance for Vicms: Rights and Opons” elsewhere in this document);
iii. Exisng counseling, health, mental health, vicm advocacy, legal assistance, visa and immigraon assis-
tance, student nancial aid, and other services available for vicms, both within the instuon and in
the community (as described in “Assistance for Vicms: Rights and Opons” elsewhere in this
document);
i. Opons for, available assistance in, and how to request changes to academic, living, transportaon, and
working situaons or protecve measures (as described in “Assistance for Vicms: Rights and Opons”
elsewhere in this document); and
ii. Procedures for instuonal disciplinary acon in cases of alleged dang violence, domesc violence, sex-
ual assault, or stalking (as described in “Adjudicaon of Violaons” elsewhere in this document).
The University has developed an annual educational campaign consisting of presentations that include distribution of
educational materials to, and participation in training for, new students, and participating in and presenting infor-
mation and materials during orientation for new employees; in addition, the University offered ongoing prevention
and awareness programs to current students and employees.
The University oered the following prevenon and awareness programs in 2022:
• Sexual Assault Prevention for Undergraduate Students—all incoming undergraduate students: 1,625 undergraduate students
completed the online module
• Sexual Assault Prevention for Graduate/Professional Students—all incoming graduate students: 4,005 graduate & professional
school students completed the online module
• Bystander Intervention Student Athlete Orientation Program—59 student athletes
• Bystander Intervention and Prohibive Conduct Prevenon Internaonal Student Program—53 students
• OneLove Program to end Partner Violence for 1
st
year students, Orientation Leaders & Professional Degrees—741 students
• Student Athlete Prohibive Conduct Prevenon Program—716 student athletes
• Air Force ROTC Prohibive Conduct Prevenon Program—35 students
• Resident Advisor Bystander Intervention and Prohibive Conduct Prevenon Program—180 students
• Resident Advisor Healthy Relationship Resources Program—65 students
• Consent, Prohibited Conduct, and Bystander Intervention for International Students—20 students
• Bystander Intervention and Prohibive Conduct Prevenon for Graduate Students—70 students
•Video— Duke U. Discrimination and Harassment Compliance Training (all employees)
•Video —Duke U. Health System Discrimination and Harassment Compliance Training (all employees)
• Bystander Intervention and Prohibive Conduct Prevenon Program for Coaches, Deans and Faculty—126 employees
• Bystander Intervention Program for student on-call personnel—20 employees
• Information discussion and handouts on main quad: 10 signs of healthy relationships—1750 students
• OneLove Programs & Workshops to end Partner Violence—420 students
• Bystander Intervention/Prohibited Conduct Programs—334 students
• ”Awareness more than Prevention” Programs—29 students
• Managing Conflict within Relationships—75 students
• Task force input and community discussions: Prevention and Awareness—60 students
• Workshop: Consent and Sexual Assault—30 students
• 13 Workplace Violence Prevention programs for 212 employees that: (a) focused on relationship stressors that could result in
relationship violence and other aggressive behaviors that spill over into the workplace and (b) describe the resources availa-
ble to help mitigate these behaviors and describe the resources available to help mitigate these behaviors
• Sexual Assault Task Force discussion with student input—32 employees
• OneLove Program to end Partner Violence—20 employees
The University has procedures in place to support those who report sexual assault, domesc violence, dang violence,
and stalking, including informing individuals about their right to le criminal charges as well as wrien nocaon con-
cerning the availability of resources such as counseling, health, mental health, vicm advocacy, legal assistance, visa
and immigraon assistance and other services on and/or o campus. Measures to prevent contact between a com-
plainant and an accused party (such as housing, academic, transportaon and work accommodaons) may be request-
ed and will be oered, if reasonably available. The University will make such accommodaons if the vicm requests
them and if they are reasonably available, regardless of whether the vicm chooses to proceed with Duke’s internal
disciplinary process and/or report the incident to the Duke University Police Department or local law enforcement.
The wrien nocaon will include informaon regarding accommodaon opons, available assistance in requesng
accommodaons, and how to request accommodaons and protecve measures (i.e., the nocaon will include the
name and contact informaon for the individuals or oces that can be contacted to request accommodaons).
At a vicm’s request, and with the vicm’s cooperaon and consent, university oces will work cooperavely to assist
the vicm in obtaining accommodaons. If reasonably available, a vicm may be oered protecve measures and
changes to academic, living, working, and transportaon situaons regardless of whether the vicm chooses to report
the crime to campus police or local law enforcement. Examples of opons for a potenal change to the academic situ-
aon may be to transfer to a dierent secon of a class, withdraw and take a class at another me if there is not opon
for moving to a dierent secon, etc. Potenal changes to living situaons may include an oer to move to a dierent
room or residence hall. Possible changes to work situaons may include changing working hours. Possible changes in
transportaon may include having the student or employee park in a dierent locaon, assisng the student or em-
ployee with a safety escort, etc.
To request changes to academic, living, transportaon and/or working situaons or protecve measures, students
should contact the Oce of Student Conduct and Community Standards ([email protected], (919) 684-6938), the
Women’s Center (wchelp@duke.edu, (919) 684-3897), and/or the Title IX Coordinator in the Oce for Instuonal Eq-
uity ([email protected], (919) 684-8222); employees should contact the Oce for Instuonal Equity (OIE-
[email protected], (919) 684-8222).
Kimberly Hewi (kimberly.hewi@duke.edu (919) 684-8228), Vice President of the Oce for Instuonal Equity
(hps://oie.duke.edu/), is the individual responsible for the coordinaon and administraon of Duke’s nondiscrimina-
on and harassment policies generally. Duke University’s Title IX Coordinator is responsible for overseeing the Univer-
sity’s Title IX compliance eorts, including this policy and its complaint-resoluon procedures. To le a complaint
against students or employees for alleged sexual assault, domesc violence, dang violence, or stalking, please contact
the Coordinator:
• Cynthia Clinton, Assistant Vice President for Harassment Prevenon and Nondiscriminaon, Title IX Coordinator
114 S. Buchanan Blvd., Bay 8
Durham, NC 27708
919) 684-8222
cynthia.clinton@duke.edu
Aer an incident of sexual assault and/or domesc or dang violence, the vicm should consider seeking medical
aenon. For immediate and urgent medical concerns, go directly to the Emergency Department (ED) of Duke Univer-
sity Hospital (o Erwin Road near Trent Hall). You can call the Duke University Police Department at (919) 684-2444 for
transportaon without having to make a report. For less immediate medical concerns, schedule an appointment at
Student Health at (919) 681-WELL, Employee Occupaonal Health and Wellness at (919) 684-3136, opon 2, or your
primary care physician.
In North Carolina, evidence may be collected even if you choose not to make a report to law enforcement. If you do
not wish to make a report to law enforcement, please nofy the Sexual Assault Nurse Examiner.
It is important that
vicms of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were as-
saulted if the oense occurred within the past 120 hours so that evidence may be preserved that may assist in proving
that the alleged criminal oense occurred/or is occurring or may be helpful in obtaining a protecon order. In circum-
stances of sexual assault, if vicms do not opt for forensic evidence collecon, health care providers can sll treat inju-
ries and take steps to address concerns of pregnancy and/or sexually transmied disease. Vicms of sexual assault,
domesc violence, stalking, and dang violence are encouraged to also preserve evidence by saving text messages,
instant messages, social networking pages, other communicaons; and keeping pictures, logs or other copies of docu-
ments, if they have any, that would be useful to University hearing boards/invesgators or police.
Although the University strongly encourages all members of its community to report violaons of this policy to law
enforcement, it is the vicm’s choice whether or not to make such a report and vicms have the right to decline in-
volvement with the police. The University will assist any vicm with nofying local police if they so desire; for such as-
sistance, contact the Oce of Student Conduct and Community Standards, the Oce of Gender Violence Prevenon
and Intervenon in the Women’s Center, or the Oce for Instuonal Equity (see contact informaon above). The
Duke University Police Department may also be reached directly by calling (919) 684-2444, or in person at 502 Oregon
Street, Durham, NC 27705 to make an police report. Addional informaon about the Duke University Police depart-
ment may be found online at: hps://police.duke.edu.
For reporng criminal incidents occurring within Durham, but outside Duke campus, contact the Durham Police
Department, which may be reached directly by calling (919) 560-4427 or in person at 602 E. Main Street, Durham, NC
27701. For a public copy of your report, you may call the Durham Police Records Unit at (919) 560-4423 (opon 2). Ad-
dional informaon about the Durham Police department may be found online at hps://durhamnc.gov/149/Police -
Department.
Whether reporng a crime to the Duke University Police Department, the Durham Police Department, or another law
enforcement agency, an ocer will make a report of the incident. The ocer will ask for the nature and locaon of the
crime, the date and me it occurred, and specic details about the incident. Depending on the type of crime, an inves-
gator may follow up with you to gather addional details and to update you about any progress with the incident.
If you have been the vicm of domesc violence, dang violence, sexual assault, or stalking, you should report the inci-
dent promptly to the Title IX Coordinator, 114 S. Buchanan Blvd., Bay 8, Durham, NC 27708 in person, or by calling
(919) 684-8222, by emailing [email protected], by compleng an incident report, and/or by contacng Duke Police (if
the vicm so desires.)
If the perpetrator is an employee or any other non-Duke student, please report the incident to the Oce for Instu-
onal Equity (OIE) at Smith Warehouse, Bay 8, Durham, NC 27708, (919) 684-8222, by emailing TitleIX@duke.edu, or
by compleng an incident report. OIE oversees the Duke University Policy on Prohibited Discriminaon, Harassment,
and Related Misconduct, which may be found at
hps://oie.duke.edu/ppdhrm
The University will provide resources on campus, o campus, or both, to include medical and mental health support, to
persons who have been vicms of sexual assault, domesc violence, dang violence, or stalking, and will apply appro-
priate disciplinary procedures to those who violate this policy. The procedures set forth below are intended to aord a
prompt response to charges of sexual assault, domesc or dang violence, and stalking; to maintain condenality and
fairness consistent with applicable legal requirements; and to impose appropriate sancons on violators of this policy.
As me passes, evidence may dissipate or become lost or unavailable, thereby making invesgaon, possible prosecu-
on, disciplinary proceedings, or obtaining protecon from abuse orders related to the incident more dicult. If a vic-
m chooses not to make a complaint regarding an incident, they nevertheless should consider speaking with the Duke
University Police Department or other law enforcement to preserve evidence in the event that the vicm changes their
mind at a later date.
If a report of domesc violence, dang violence, sexual assault or stalking is reported to the University, the University
will follow the procedures below, including the standard of evidence, that will be used during any disciplinary hearing
on campus arising from such a report. For detailed procedures involving alleged student perpetrators, or employees or
third pares as alleged perpetrators, see the Duke University Policy on Prohibited Discriminaon, Harassment, and Re-
lated Misconduct and applicable procedures at:
hps://oie.duke.edu/policies-procedures-and-statements/
Evidenary
Standard:
Incident Being
Reported:
Procedures Duke University Will Follow:
1. Depending on when and where reported, Duke University will provide complain-
ant with referral to appropriate medical care.
2. Duke University will assess immediate safety needs of complainant.
3. Duke University will assist complainant in contacng Duke Police Department or
local police if complainant requests AND provide contact informaon for police.
4. Duke University will provide complainant with referrals to on- and o-campus
mental health providers.
5. Duke University will assess need to implement interim or long-term supporve
measures, such as housing changes, change in class schedule, and/or “No Contact”
direcve between both pares.
6. Duke University will provide a “No Contact” direcve to accused party, if deemed
appropriate.
7. Duke University will provide resources for vicms to apply for a Protecve Order.
8. Duke University will nofy the complainant and the respondent of the Duke Poli-
cy on Prohibited Discriminaon, Harassment, and Related Misconduct and inform
them of meframes for inquiry, invesgaon and resoluon.
9. Duke University will inform the pares of the outcome of the invesgaon,
whether or not the accused will be administravely charged, and what the outcome
of the hearing or invesgaon is.
10. Duke University will enforce the an-retaliaon policy and take immediate and
separate acon against pares that retaliate against a person for complaining of sex
-based discriminaon or for assisng in the invesgaon.
Evidenary
Standard:
Regardless of whether a vicm elects to pursue a criminal complaint or whether the oense is alleged to have
occurred on or o campus, the University will assist vicms of sexual assault, domesc violence, dang violence, and
stalking and will provide each vicm with a wrien explanaon of their rights and opons.
Such wrien informaon required under the Clery Act will include:
• The procedures vicms should follow if a crime of domesc violence, dang violence, sexual assault or stalking
has occurred;
• Informaon about how the instuon will protect the condenality of vicms and other necessary pares;
• A statement that the instuon will provide wrien nocaon to students and employees about vicm services
within the instuon and in the community;
• A statement regarding the instuon‘s provisions about opons for, available assistance in, and how to request
accommodaons and protecve measures;
• An explanaon of the procedures for instuonal disciplinary acon.
In North Carolina, a vicm of domesc violence, dang violence, sexual assault or stalking has the following rights as
prescribed by law:
• To be informed of and to be present at court proceedings of the accused;
• To be heard at sentencing of the accused in the manner prescribed by law, and at other mes as prescribed by
law or deemed appropriate by the court;
• To receive restuon;
• To be given informaon about the crime, how the criminal jusce system works, the rights of vicms, and the
availability of services for vicms;
• To receive informaon about the convicon or nal disposion and sentence of the accused;
• To receive nocaon of escape, release, proposed parole or pardon of the accused, or noce of a reprieve or
commutaon of the accused's sentence;
• To present their views and concerns to the Governor or agency considering any acon that could result in the re-
lease of the accused, prior to such acon becoming eecve;
• To confer with the prosecuon.
Further, Duke University complies with North Carolina law in recognizing protecon orders. Any person who obtains
an order of protecon from North Carolina or any other state should provide a copy to Duke University Police and the
Title IX Coordinator.
919) 808-3003
: (919) 808-3345
’: (919) 808-3019
A complainant may then meet with Duke Police to develop a Safety Acon Plan, which is a plan for Duke Police and
the vicm to reduce risk of harm while on campus or coming and going from campus. This plan may include, but is
not limited to: escorts, special parking arrangements, changing classroom locaon or allowing a student to complete
assignments from home, etc. The University may issue an instuonal “No Contact” order to a Duke aliate, if
deemed appropriate. To the extent of the vicm’s cooperaon and consent, University oces will work cooperavely
to ensure that the complainant's health, physical safety, work and academic status are protected, pending the out-
come of a formal University invesgaon of the complaint. For example, if reasonably available, a complainant may
be oered changes to academic, living, or working situaons in addion to counseling, health services, visa and
immigraon assistance, and assistance in nofying appropriate local law enforcement.
The University may issue an instuonal “No Contact” order if deemed appropriate or at the request of the vicm or
accused. If the University receives a report that such an instuonal “No Contact” order has been violated, the
University will iniate disciplinary proceedings appropriate to the status of the accused (student, employee, etc.) and
will impose sancons if the accused is found responsible for violang the “No Contact” order.
Administrave and legal orders may include the following:
Type of Order /
From which Court
Who Can File for One Able to show Rights of Victims Institution’s
Responsibilities
Domesc Violence
Protecon Order DVPO
in NC
(May be temporary or
permanent for up to 1
year)
Court: Civil Clerk’s
Oce in the county
where the vicm or
abuser reside or where
the incident occurred.
Must have a Personal
Relaonship:
■ Current or former
spouse
■ Parent, child, or in
some cases,
Grandparent or
grandchild
■ Have a child in
common
■ Current or former
household member
■ Person of the opposite
sex whom you are dang
or have dated.
Abuser:
■ Aempted to or
intenonally injured
you
■ Placed you or a
member of your family
or household in fear of
imminent serious
bodily injury
■ Harassed you to such
a level as to inict
substanal emoonal
distress
■ Commied crimes of
rape or sexual oense
■ Is an order signed by a judge
■ A document that may help
protect you and prevent future
acts of violence
■ Intended to limit acons and
behavior of the oender
■ A civil acon that may legally
require the abuser to do things
necessary to protect you or your
minor child
■ A court document that allows
civil and criminal penales when
the order is violated
Many orders include place of
work or school.
If both the vicm and the abuser
are a part of the instuon, the
instuon will have to work with
the vicm to ensure compliance
with the order. In some cases,
the court will work with the two
involved pares to make the
safest opons.
50C Civil No contact
order
(May be Temporary or
permanent for up to 1
year)
Court: Civil Clerk’s
Oce in the county
where the vicm or
abuser reside or where
the incident occurred.
Anyone who does not
have a “personal rela-
onship” with the
oender such as an
acquaintance,
co-worker, neighbor, or
stranger.
You are the vicm of
unlawful conduct. Such
acts include noncon-
sensual sexual conduct,
even if there was only
one incident, and
stalking.
■ Is an order signed by a judge
■ A document that may help
protect you and prevent future
acts of violence
■ Intended to limit acons and
behavior of the oender
■ A civil acon that may legally
require the abuser to do things
necessary to protect you or your
minor child
■ A court document that allows
civil and criminal penales when
the order is violated
Many orders include place of
work or school.
If both the vicm and the abuser
are a part of the instuon, the
instuon will have to work with
the vicm to ensure compliance
with the order. In some cases,
the court will work with the two
involved pares to make the
safest opons.
No contact direcves
through Student Con-
duct, Title IX or OIE
(Indenite or, for
students, unl
graduaon, unless
complainant requests
otherwise)
Court: N/A
Any student or
employee of Duke, or
any vicm who alleges
Title IX violaons by a
student or employee.
■ The complainant
must be a part of the
instuon.
■ Many respondents
are members of the
community, but
non-members are wel-
come to report.
The no contact direcve is an
administrave protecve meas-
ure in which violaons of the
order can result in administrave
penales. For students, these
are handled through the Oce
of Student Conduct and Commu-
nity Standards and OIE; for em-
ployees through the Oce for
Instuonal Equity or Duke Hu-
man Relaons.
Duke is commied to a safe and
equitable environment. Duke
will seek and aempt to provide
accommodaons and support
services to anyone who reports
harassment, sexual assault,
stalking, or domesc and dang
violence. They will also aempt
to invesgate and enforce any
violaons of no contact direc-
ves, or state mandated orders.
Vicms may also request that the Oce of Informaon Technology (OIT) Service Desk at (919) 684-2200 or online at
hps://oit.duke.edu/help remove directory informaon on le from public sources. Students may also request a
FERPA block through the Duke University Registrar’s Oce at (919) 684-2813; also, you may email to regis-
[email protected]). Individuals not aliated with the University should contact the Duke University Police Department.
Addionally, personally idenable informaon about the vicm and other necessary pares will be treated as con-
denal and only shared with persons with a specic need to know who are invesgang/adjudicang the complaint or
delivering resources or support services to the complainant. Further, the instuon will maintain as condenal any
accommodaons or protecve measures provided to the vicm to the extent that maintaining such condenality
would not impair the ability of the instuon to provide the accommodaons or protecve measures.
The University does not publish the name of crime vicms nor house idenable informaon regarding vicms in the
Duke Police Department’s Daily Crime Log or in the annual crime stascs that are disclosed in compliance with the
Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Stascs Act. Furthermore, if a Timely Warning
Noce is issued on the basis of a report of domesc violence, dang violence, sexual assault, or stalking, the name of
the vicm and other personally idenable informaon about the vicm with be withheld.
The Title IX Coordinator is responsible for administraon and coordinaon of Duke's Title IX-related policies, programs
and compliance eorts at Duke University and Duke University Health System. The scope of this responsibility includes,
among other things, oversight of complaint resoluon, resources, communicaons and training in connecon with Title
IX's prohibion of discriminaon based upon gender. Contact the Coordinator: TitleIX@duke.edu.
Upon receipt of a report of domesc violence, dang violence, sexual assault or stalking, Duke University will provide wrien no-
caon to students and employees about exisng assistance with and/or informaon about obtaining resources and services includ-
ing counseling, health, mental health, vicm advocacy, legal assistance, visa and immigraon assistance, student nancial aid and
assistance in nofying appropriate local law enforcement. These resources include the following:
Employees Students
ON CAMPUS
Counseling / Mental Health /
Gender Violence
Personal Assistance Service (PAS);
phone: 919-416-1727
Counseling and Psychological Services (CAPS);
phone: 919-660-1000; after hours: 984-569-0592
Health Services Employee Occupational Health & Wellness (EOHW);
phone: 919-684-3136 (option #2)
Student Health Center; phone: 919-681-9355 (option
#2)
Title IX Coordinator Office for Institutional Equity; phone: 919-684-8222 Office for Institutional Equity; phone: 919-684-8222
Visa and Immigration Assistance /
International Student Support
Duke Visa Services;
phone: 919-681-8472
Duke Visa Services;
phone: 919-681-8472
Legal Assistance Legal Aid of North Carolina
phone: 866-219-5262
Legal Aid of North Carolina
phone: 866-219-5262
Student Financial Aid NA Undergraduate Financial Support; phone: 919-684-6225
LGBTQA+ Advocacy & Education Office for Institutional Equity;
phone: 919-684-8222
Center for Sexual and Gender Diversity;
Phone: 919-684-6607
Victim Assistance https://police.duke.edu/report-crime/victim-assistance Gender Violence Intervention Coordinator—serves all
genders; Phone (M-F): 919-660-1000 (CAPS); after
Pastoral Counseling Local institutions of faith Religious Life at Duke: https://chapel.duke.edu/student-
engagement/religious-life-groups
Police Services Non-Emergency Phone: 919-684-2444
Emergency Phone: 9-1-1 (from Campus phone)
Non-Emergency Phone: 919-684-2444
Emergency Phone: 9-1-1 (from Campus phone)
Dean of Students NA Associate Vice President of Student Affairs & Dean of
Students; phone: 919-668-3853
Victim Advocacy https://police.duke.edu/report-crime/victim-assistance https://students.duke.edu/get-assistance/gender-
violence/
Center for Multicultural Affairs Office for Institutional Equity; phone: 919-684-8222 [email protected]; phone: 919-684-6756
Sexual Misconduct Resources https://police.duke.edu/report-crime/victim-assistance/ https://police.duke.edu/report-crime/victim-assistance/
Facilitated Anonymous
Reporting
Silent Witness Program: https://duke.qualtrics.com/
jfe/form/SV_03oOlUESyrA8xaC
CAPS (919-660-1000) or a campus chaplain. The
amount of detail provided will determine the University’s
ability to investigate or respond.
OFF CAMPUS
Counseling / Mental Health Durham Crisis Response Center; phone: 919-403-
9425; Emergency: 919-403-6562
Durham Crisis Response Center; phone: 919-403-9425
Emergency: 919-403-6562
Health Services Duke University Hospital, 2301 Erwin Rd., Durham,
NC 27710; Phone: 919-684-8111 (information)
Duke University Hospital, 2301 Erwin Rd., Durham, NC
27710; Phone: 919-684-8111 (information)
Victim Advocacy Durham Crisis Response Center https://thedcrc.org/
emergency helpline: 919-403-6562;
for domestic violence, call 919-403-9425
Durham Crisis Response Center https://thedcrc.org/
emergency helpline: 919-403-6562;
for domestic violence, call 919-403-9425
Legal Assistance Legal Aid of North Carolina; phone: 866-219-5262 Legal Aid of North Carolina; phone: 866-219-5262
Student Financial Aid NA Undergraduate Financial Support; phone: 919-684-6225
Visa and Immigration
Assistance
301 Roycroft Drive, Durham, NC 27703;
phone: 800-375-5283 || www.uscis.gov
301 Roycroft Drive, Durham, NC 27703;
phone: 800-375-5283 || www.uscis.gov
Durham City Police 9-1-1 from non-Duke phone (e.g. personal cell phone) 9-1-1 from non-Duke phone (e.g. personal cell phone)
Forensic nurses also are available at the Emergency Department at Duke Hospital to conduct a forensic examinaon so
that vicms may take steps to have evidence preserved in case they wish to le criminal charges or request a protec-
on order, even at a later date.
Other resources available to persons who report being the vicm of sexual assault, domesc violence, dang violence,
or stalking, include:
hps://www.rainn.org – Rape, Abuse and Incest Naonal Network
hps://www.jusce.gov/ovw/sexual-assault - U.S. Department of Jusce
hps://www2.ed.gov/about/oces/list/ocr/index.html - U.S. Department of Educaon, Oce for Civil Rights
A bystander is someone other than the vicm who is present when an act of dang violence, domesc violence, stalk-
ing or sexual assault is occurring or when a situaon is occurring in which a reasonable person feels as though some
protecve acon is required to prevent sexual assault, dang violence, domesc violence or stalking. Bystanders, if
acve, can prevent harm or intervene with safe and posive opons before a situaon gets worse. Examples of acve
bystander intervenon include: not leaving an overly intoxicated person in a bar/party alone, walking a classmate to
his/her car aer class, calling police when a potenally violent situaon is unfolding, not leaving an unconscious person
alone (alerng an RA, EMS, campus police, etc.), or intervening when someone is being beliled, degraded or emoon-
ally abused (walking vicm away from abuser, contacng others for help, like counseling center, RA, Dean). While
PACT is Duke’s primary bystander intervenon training, bystander Intervenon is interweaved into every educaonal
session during gender violence training.
For condenal therapy services and clinical case management needed because of violence, students can walk-in/call-
in to Counseling and Psychological Services (CAPS), Monday-Tuesday 9-6 and Wednesday-Friday 9-4. Students may
also contact the coordinator directly, GVICoordinator@duke.edu or (984) 569-0592
Students seeking services have three opons for support:
1) Condenal support: leave a voice mail with the GVI Coordinator (984) 569-0592 or
email GVICoordinat[email protected]. Students will be contacted within 24 hours, or sooner if necessary.
2) Non-condenal* support and reporng aer through the Dean On Call (984) 287-0300 or DUPD (919) 684-2444.
3) Students may also access local resources through Durham Crisis Response Center helpline (919) 403-6562.
*Seeking support from a non-condenal resource will result in outreach from Duke University.
All convicted sex oenders coming to or in North Carolina, at which the persons are employed, carry on a vocaon, vol-
unteer services, or are students are required to register with the local county sheri’s oce for inclusion in the North
Carolina Sex Oender and Public Protecon Registry. This Registry may be viewed locally at the local county sheri’s
oce or accessed directly online at: hp://sexoender.ncsbi.gov
The University will, upon wrien request, disclose to the alleged vicm of a crime of violence, or a non-forcible sex
oense, the report on the results of any disciplinary proceeding conducted by such instuon against a student who is
the alleged perpetrator of such crime or oense. If the alleged vicm is deceased as the result of such crime or oense,
the next of kin of such vicm shall be treated as the alleged vicm for purposes of this paragraph.
No vicm is ever to blame for being assaulted or abused. Unfortunately, a person who is the vicm of sexual assault,
domesc violence or dang violence is more likely to be re-vicmized. Below are some ps to help reduce your risk,
recognize warnings signs of abusive behavior and avoid potenal aacks.
Warning Signs of Abusive Behavior
Domesc and dang abuse oen escalates from threats and verbal abuse to violence. And, while physical injury may be
the most obvious danger, the emoonal and psychological consequences of domesc and dang violence are also se-
vere. Warning signs of dang and domesc violence include:
• Being afraid of your partner.
• Constantly watching what you say to avoid a “blow up.”
• Feelings of low self-worth and helplessness about your relaonship.
• Feeling isolated from family or friends because of your relaonship.
• Hiding bruises or other injuries from family or friends.
• Being prevented from working, studying, going home, and/or using technology (including your mobile phone).
• Being monitored by your partner at home, work or school.
• Being forced or pressured to do anything you don’t want to do.
Help Reduce Your Risk and Avoid Potenal Aacks
• If you are being abused or suspect that someone you know is being abused, speak up or intervene.
• Get help by seeking informaon and support services from the Women’s Center’s Oce of Gender Violence Pre-
venon and Intervenon (for students) or Personal Assistance Service (for employees).
• Learn how to look for “red ags” in relaonships so you can learn to avoid some of those characteriscs in future
partners.
• Consider making a report with Duke University Police, the Oce of Student Conduct and Community Standards,
and/or the Title IX Coordinator and ask for a No Contact direcve from the University to prevent future contact.
• Consider geng a protecve order or a no contact order from the local court. Call the Women’s Center, your local
Clerk of Court or Duke University Police for more informaon.
• Learn more about what behaviors constute dang and domesc violence, understand it is not your fault, and talk
with friends and family members about ways you can be supported.
• Trust your insncts—if something doesn’t feel right in a relaonship, speak up or end it.
Sexual Assault Prevenon
• Be aware of rape drugs.
• Try not to leave your drink unaended.
• Only drink from un-opened containers or from drinks you have watched being made and poured.
• Avoid group drinks like punch bowls.
• Cover your drink. It is easy to slip in a small pill even while you are holding your drink. Hold a cup with your hand
over the top, or choose drinks that are contained in a bole and keep your thumb over the nozzle.
• If you feel extremely red or drunk for no apparent reason, you may have been drugged. Find your friends and ask
them to leave with you as soon as possible.
• If you suspect you have been drugged, go to a hospital and ask to be tested.
• Keep track of how many drinks you have had.
• Try to come with, and leave with, a group of people you trust.
• Avoid giving out your personal informaon (phone number, where you live, etc.). If someone asks for your number,
take their number instead of giving out yours.
Walking Around Campus
• Make sure your cell phone is easily accessible and fully charged.
• Be familiar with where emergency phones are installed on the campus.
• Be aware of open buildings where you can use a phone.
• Take major, public paths rather than less populated shortcuts.
• Avoid dimly lit places and talk to Facilies Management if lights need to be installed in an area.
• Avoid pung earbuds in or headphones on both ears so that you can be more aware of your surroundings, espe-
cially if you are walking alone.
• Walking back from the library very late at night is somemes unavoidable, so try to walk with a friend.
• Carry a noisemaker (like a whistle) on your keychain.
• Carry a small ashlight on your keychain.
• If walking feels unsafe, contact Duke Van Rides, which provides transportaon to and from on-campus locaons
(when bus service is not available), and to o-campus areas within the service boundary. The service is
available from 6:00 PM unl 6:45 AM, Monday through Saturday, by using the Duke Mobile app on your mobile
device under the transportaon tab or by calling (919) 684-2020.
The University’s disciplinary process includes a prompt, fair, and imparal invesgaon and resoluon process. In all
instances, the process will be conducted in a manner that is consistent with the instuon’s policy and that is transpar-
ent to the accuser and the accused. Usually, the resoluon of domesc violence, dang violence, sexual assault and
stalking complaints are completed within the meframe specied in each policy the instuon maintains. However,
each procedure allows for extensions of meframes for good cause with wrien noce to the accuser and the accused
of the delay and the reason for the delay. University ocials involved in the invesgaon or adjudicaon of domesc
violence, dang violence, sexual assault and stalking complaints are trained annually on the issues related to domesc
violence, dang violence, sexual assault, and stalking as well as how to conduct an invesgaon and hearing process
that protects the safety of the vicm and promotes accountability. Furthermore, each policy provides that:
1. The accuser and the accused will have mely noce for meengs at which the accuser or accused, or both, may be
present;
2. The accuser, the accused and appropriate ocials will have mely and equal access to any informaon that will be
used during formal and informal disciplinary meeng and hearings;
3. The instuonal disciplinary procedures will not be conducted by ocials who have a conict of interest or bias for
or against the accuser or the accused;
4. The accuser and the accused will have the same opportunies to have others present during any instuonal disci-
plinary proceeding. The accuser and the accused each have the opportunity to be advised by an advisor of their
choice at any stage of the process and to be accompanied by that advisor to any related meeng or proceeding.
The University will not limit the choice of advisor or presence for either the accuser or the accused in any meeng
or instuonal disciplinary proceeding except in non-Title IX cases, neither party may have a witness serve as an
advisor. However, the role of the advisor is limited to quietly conferring with the accuser and the accused through
wrien correspondence or whisper and the advisor may not address any other parcipant or the hearing panel. In
Title IX hearings, the advisor may not speak for the party they are advising or address any other parcipant or the
hearing ocer except as necessary to conduct cross-examinaon.
5. The accuser and the accused will be noed simultaneously, in wring, of any inial, interim, and nal decision of
any disciplinary proceeding; and
6. Where an appeal is permied under the applicable procedure, the accuser and the accused will be noed simulta-
neously in wring, of the procedures for the accused and the vicm to appeal the result of the instuonal discipli-
nary proceeding. When an appeal is led, the accuser and the accused will be noed simultaneously in wring of
the appeal determinaon.
Whether or not criminal charges are led, a person may le a complaint with the University. If the perpetrator is a stu-
dent, or any other Duke-aliated individual or a third party, the complaint will be adjudicated under the Duke
University’s Policy on Prohibited Discriminaon, Harassment, and Related Misconduct:
https://oie.duke.edu/introduction-policies and/or Duke University’s Workplace Violence Prevenon and Response
Policy: hps://hr.duke.edu/policies/workplace-health-safety/violence-prevenon-response.
1. How to File a Complaint of Sexual Assault, Dang Violence, Domesc Violence and Sex-Based Stalking Under Duke’s
Policy on Prohibited Discriminaon, Harassment and Related Misconduct
Complaints against undergraduate, graduate, or professional students, employees and third pares aliated with
the University or Health System may be led with:
Cynthia Clinton, Assistant Vice President for Harassment Prevenon & Nondiscriminaon, Title IX Coordinator
114 S. Buchanan Blvd., Bay 8
P.O. Box 90012
Durham, NC 27708 Phone: (919) 684-8222 Email: cynthia.clinton@duke.edu
2. How the University Determines Whether this Policy will be Used
The Oce for Instuonal Equity (OIE) will evaluate the complaint to determine the applicability of the Policy on Pro-
hibited Discriminaon, Harassment, and Related Misconduct.
3. Steps in the Disciplinary Process
The Oce for Instuonal Equity will assess a complaint to determine whether it should proceed to an invesgaon.
Aer an invesgaon, depending on the applicable procedures, an invesgator or a hearing ocer will determine
whether there has been a violaon of the Policy. Either party may request an appeal of that determinaon. The in-
formaon obtained during the invesgaon will only be shared with the pares, administrators in the disciplinary
process, and other university ocials with a need to know.
4. Ancipated Timelines
The Oce for Instuonal Equity seeks to resolve invesgaons generally within 90 business days. In Title IX cases,
the hearing ocer’s nocaon of the outcome will generally be completed within 60 business days from the par-
es’ receipt of the nal invesgaon report. The meframes for appeals vary, depending on the applicable proce-
dures. The meframes can be extended in extenuang circumstances with noce to the pares of the delay and in-
cluding the reason(s) for the extension.
5. Decision-Making Process
The invesgator or hearing ocer will base their decision on the informaon obtained through the invesgaon and
hearing, if applicable. This includes providing both pares with the opportunity to present their informaon as well as
informaon obtained by the invesgator independently. The decision will be based on a preponderance of evidence
standard.
•
Retaliaon against anyone parcipang in the resoluon of a complaint is prohibited by Duke University.
•
A person alleging sexual assault, domesc violence, dang violence, or stalking may use the complaint and invesgato-
ry procedures set forth in the university’s Policy on Prohibited Discriminaon, Harassment, and Related Misconduct
(hps://oie.duke.edu/introducon-policies) or Workplace Violence Prevenon and Response Policy
(hps://hr.duke.edu/policies/workplace-health-safety/violence-prevenon-response) in order to remedy a hosle envi-
ronment arising from these allegaons.
•
When a complainant does not consent to the disclosure of his or her name or other idenable informaon to the al-
leged perpetrator, the university’s ability to respond to the complaint may be limited.
•
Duke will aempt to protect the condenality of the complaint process to the extent reasonably possible.
•
In all cases, invesgaons and/or hearings that result in a nding of more likely than not (preponderance of evidence
standard) that a violaon of policy occurred will lead to the iniaon of disciplinary procedures against the accused
individual. Sancons for each type of misconduct will depend on a number of factors, including the nature of the mis-
conduct, prior disciplinary history of the respondent, previous university response to similar conduct, and university
interests. Student sancons may include expulsion, suspension, disciplinary probaon, recommended counseling,
and/or other educaonal sancons. Employee sancons may include wrien warning, nal wrien warning or suspen-
sion, and terminaon. Each one of these sancons, whether for students or employees, may be imposed for miscon-
duct violaons of dang violence, domesc violence, sexual assault, or stalking.
The University may also implement protecve measures following the report of domesc violence, dang violence,
sexual assault and/or stalking, which may include some or all of the following acons: reasonable academic accommo-
daons, on-campus housing reassignment, a "no contact" direcve between the accused and the vicm, transporta-
on, and working condions, if reasonably available. Sexual assault, domesc violence, dang violence, and stalking
are criminal acts which also may subject the perpetrator to criminal and civil penales under federal and state law.
Academic and administrave buildings are open to the public, at a minimum, during normal business hours. Most facili-
es have individual hours, and the hours may vary at dierent mes of the year. The administrators responsible for
each facility determine access to each campus and health system facility. The Duke Police Department works closely
with these administrators and the appointed building managers to maximize security coverage and to ensure appropri-
ate access controls. Several classroom buildings, especially those that house computer clusters, also have electronic
key card access systems that operate during other than normal working hours. Some interior spaces are also secured in
this manner. Most academic and administrave buildings do not have a Duke Police ocer assigned to them; however,
Duke ocers patrol the academic and administrave buildings on a regular basis. For informaon about the access pro-
tocol for a specic building, see the building manager, a department head, or contact Duke Police Department, Non-
Emergency # (919) 684-2444.
Residence hall exterior doors are provided with electronic key card access systems that are connected to a central com-
puter monitored 24 hours a day. Access is restricted to students and their guests and to those with a valid ID and a
need to access the residence hall. Duke Police Department is noed whenever a door is propped open for any signi-
cant period of me. Another important component of building security is prevenng unknown individuals access to
the residenal buildings. The Housing sta and Duke Police monitor security in the residenal facilies and encourage
building residents both to report suspicious or unusual acvity and to avoid allowing unknown persons access to their
residence hall.
Duke’s Facilies Management Department (FMD) treats safety and security service needs as a high priority. FMD
immediately responds to reports of inoperable doors, burned out lights, broken windows and screens, and requests
from DUPD to do such things as trim bushes for safety and security reasons.
Duke Police personnel closely monitor any security-related maintenance problems aer hours unl reported to and
resolved by FMD personnel. Other members of the University community are helpful when they report equipment
problems to DUPD or to the Facilies Management Department.
Health System buildings are equipped with a variety of card access and proximity readers to assist in controlling
building access. These readers are monitored by the Building Automaon System (BAS) oce of Engineering
& Operaons, and Duke Police is noed and promptly responds to reported problems. In addion, security camera
systems are installed at key points throughout the medical center complex.
Duke Police personnel respond to any security-related maintenance problems aer hours unl they are resolved by the
Medical Center Engineering & Operaons Department.
For concerns regarding your physical security, contact the Duke Police at (919) 684-2444 (or 9-1-1 in an emergency).
To report damages or repairs to buildings, property, or rooms within (malfunconing doors, broken windows, etc.),
contact the appropriate maintenance department for your locaon. For campus, the Facilies Management Depart-
ment may be contacted at (919) 684-2122; for medical center, contact Engineering & Operaons at (919) 684-3232.
The Duke Student Wellness Center makes a special eort to reach out to all incoming students. Programs are pre-
sented during Welcome Week to introduce rst year students to a variety of wellness topics and to familiarize them
with campus wellness resources. Also, as part of our comprehensive substance abuse prevenon program, Duke Uni-
versity requires that each member of the rst-year class complete Alcohol Edu® – an online alcohol abuse prevenon
program for college students.
In compliance with the Drug Free Schools and Communies Act, Duke University publishes informaon regarding the
University’s educaonal programs related to drug and alcohol abuse prevenon; sancons for violaons of federal,
state, and local laws and University policy; a descripon of health risks associated with alcohol and other drug use;
and a descripon of available treatment programs for Duke University students and employees. A complete descrip-
on of these topics is provided in the University’s annual nocaon to students and employees.
See the Wellness Center website for informaon about addional drug and alcohol abuse educaonal programs and
workshops: hps://students.duke.edu/wellness/duwell/aod/. The policy and intervenon programs for employees
are described at: hps://hr.duke.edu/policy/substance-abuse-policy/
Substance abuse is detrimental to an individual’s health and may jeopardize safety in the workplace. For these and
other reasons, the unauthorized use, possession, storage, manufacture, distribuon and sale of alcohol, controlled
substances, and illegal drugs is prohibited on Duke’s premises or during any business conducted in Duke-supplied ve-
hicles or during working hours. DUPD has primary responsibility for the enforcement of State underage drinking laws
as well as the enforcement of Federal and State drug laws. See also the Duke Substance Abuse Policy Statement at
hps://hr.duke.edu/policy/substance-abuse-policy/ for more informaon, including the policy details.
Failure to abide by University rules and regulaons concerning alcohol and drug use may result in disciplinary acon,
on or o campus. Duke’s substance abuse educaon programs exceed the requirements of the Higher Educaon Act
of 1965, as amended. In addion to tradional enforcement methods, the Police Department works closely with the
Oce of Student Conduct in maers involving student alcohol consumpon and related University policies.
See Duke University Student Aairs Alcohol Policy at: hps://students.duke.edu/wellness/duwell/aod/
“-”
•
Penalty: If convicted, this oense is a misdemeanor, which will become a maer of public record and subject one
to court costs and/or nes and/or community service.
•
Penalty: If convicted, this oense is a misdemeanor resulng in court costs and/or a ne and/or community
service; also, the Department of Motor Vehicles (DMV) will revoke the defendant's driver's license for one (1) year.
•
Penalty: If convicted, this oense is a misdemeanor resulng in court costs and/or a ne and the DMV may revoke
the defendant's driver's license for one (1) year.
• -
Penalty: If convicted, this oense is a misdemeanor resulng in court costs and/or a ne and the DMV may revoke
the defendant's driver's license for one (1) year.
•
Penalty: If convicted, this oense a misdemeanor punishable by a ne of up to $500 or imprisonment for not more
than six (6) months or both, and if the defendant is underage, upon convicon, the DMV will revoke the defend-
ant's driver's license for one (1) year.
Alcoholic Beverage— -
Malt Beverage— -
Sale of Alcohol—
-
Spirituous Liquor or Liquor—
Unfored Wine—
Use of Alcoholic Beverages—
North Carolina state law prohibits the manufacture, sale, delivery, possession, or use of a controlled substance without
legal authorizaon. A controlled substance includes any drug, substance or immediate precursor covered under the
North Carolina Controlled Substances Act, including but not limited to opiates, barbiturates, amphetamines, marijuana,
and hallucinogens. The possession of drug paraphernalia is also prohibited under North Carolina state law and univer-
sity policy. Drug paraphernalia includes all equipment, products and material of any kind that are used to facilitate, or
intended or designed to facilitate, violaons of the North Carolina Controlled Substances Act. Alleged violaons of this
policy may result in criminal charges and will also be adjudicated through University disciplinary procedure.
• -
• -
• -
• -.
• -
• -
•
• --
In accordance with the Higher Educaon Opportunity Act of 2008, Duke University has developed a policy for nofy-
ing the designated emergency contact in DukeHub for a student who is determined to be missing.
A student may be deemed missing if it is reported to appropriate university ocials (Duke Police, Residence Coordi-
nator-on-Call, or the Dean-on-Call) that the student has been unreachable via personal contact, telephone, e-mail, or
other means of electronic communicaon for 24 hours or more. If members of the Duke community believe that a
student has been missing for 24 hours, it is crical that they report that informaon to the Duke University Police at
(919) 684-2444. Suspected missing students should be immediately reported to the Duke University Police. Duke
University will nofy any missing student’s condenal contact(s), if provided, within 24 hours of the determinaon
that the student is missing. In the event a student under 18 years of age and not emancipated, Duke University must
nofy a custodial parent or guardian within 24 hours of the determinaon that the student is missing, in addion to
nofying any addional contact person designated by the student. For all missing students, Duke University will no-
fy the local law enforcement agency within 24 hours of the determinaon that the student is missing, unless the local
law enforcement agency was the enty that made the determinaon that the student is missing.
Upon determinaon by Duke University Police that a student is missing, the designated missing person contact will
be noed as soon as possible, but no later than 24 hours aer that determinaon that the student has been missing
for 24 hours. In addion to nofying the designated contact person within 24 hours, the student’s custodial parent
or guardian will also be noed if that person is not the designated emergency contact and the student is under 18
years of age and not an emancipated individual. Regardless of whether the student has idened a contact person,
is above the age of 18, or is an emancipated minor, Duke University Police will inform local law enforcement (or the
local law enforcement with jurisdicon) that the student is missing within 24 hours.
Duke provides the opon annually for each student living in an on-campus student housing facility to idenfy, sepa-
rate from an emergency contact, a contact person or persons to whom Duke will make nocaon within 24 hours of
the determinaon that the student is missing. Students are encouraged to periodically review and update their
emergency contact informaon in DukeHub. When students enter a separate “Missing Person” emergency contact
or contacts in DukeHub, they are advised that informaon will remain condenal and shared only with appropriate
university personnel involved with a missing person invesgaon and law enforcement, and may not be disclosed
outside of a missing person invesgaon.
The crime stascs in the following tables are compiled based upon DUPD reports and those gathered from
Campus Security Authories (those with signicant responsibility for students and student acvity), as well as
those incidents from local law enforcement agencies.
-
(“”)
: An unlawful aack by one person upon another for the purpose of inicng severe or aggravated bodily inju-
ry. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It
is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could or probably
would result in a serious potenal injury if the crime were successfully completed.
: Any willful or malicious burning or aempt to burn, with or without intent to defraud, a dwelling, house, public building,
motor vehicle or aircra, personal property, etc.
: The unlawful entry of a structure to commit a felony or a the. For reporng purposes, this denion includes: unlawful
entry with intent to commit a larceny or a felony; breaking and entering with intent to commit a larceny; housebreaking; safecrack-
ing; and all aempts to commit any of the aforemenoned.
: The the or aempted the of a motor vehicle. (Classify as motor vehicle the all cases where automobiles
are taken by persons not having lawful access even though the vehicles are later abandoned-including joy riding).
-: The willful (non-negligent) killing of one human being by another.
: The killing of another person through gross negligence.
: The taking or aempng to take anything of value from the care, custody, or control of a person or persons by force or
threat of force, violence, and/or causing the vicm fear.
: The violaon of laws or ordinances dealing with weapon oenses, regulatory in nature, such as: manu-
facture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; furnishing deadly weapons to
minors; aliens possessing deadly weapons; all aempts to commit any of the aforemenoned.
: Violaons of state and local laws relang to the unlawful possession, sale, use, growing, manufacturing,
and making of narcoc drugs. The relevant substances include: opium or cocaine and their derivaves (morphine, heroin, codeine);
marijuana; synthec narcocs (demerol, methadones); and dangerous non-narcoc drugs (barbiturates, benzedrine).
: The violaon of laws or ordinances prohibing: the manufacture, sale, transporng, furnishing, possessing
of intoxicang liquor; maintaining unlawful drinking places; bootlegging; operang a sll; furnishing liquor to minor or intemperate
person; using a vehicle for illegal transportaon of liquor; drinking on a train or public conveyance; and all aempts to commit any
of the aforemenoned acts. (Driving while intoxicated and public intoxicaon are NOT included in the stascs.)
The Clery Act also includes stascs for weapons, drug, and liquor law violaons as described above that are referred for discipli-
nary acon. Clery denes “referred for disciplinary acon” the referral of any person to any ocial who iniates a disciplinary
acon of which a record is kept and which may result in the imposion of a sancon. All referrals are managed by the Oce of
Student Conduct. Most oen, these are reports from Student Aairs sta (e.g., Resident Advisors).
Duke University may withhold, or subsequently remove, a reported crime from its crime stascs in the rare situaon where com-
missioned Duke Police ocers or other sworn law enforcement personnel have fully invesgated the reported crime and, based on
the results of this full invesgaon and evidence, have made a formal determinaon that the crime report is false or baseless and
therefore ‘‘unfounded.’’
Location Definitions from the Jeanne Clery
Disclosure of Campus Security Policy and Campus Crime Statistics Act
-: (1) Any building or property that is owned or controlled by an instuon within the same reasonably con-
guous geographic area and is used by the instuon in direct support of, or in a manner related to, the instuon's
educaonal purposes, including residence halls; and (2) any building or property that is within or reasonably conguous
to the area idened in paragraph (1) that is owned by the instuon, but controlled by another person, is frequently
used by students and supports instuonal purposes (examples include food or retail vendor).
-: (1) Any building or property owned or controlled by a student organizaon that is
ocially recognized by the instuon; or (2) any building or property owned or controlled by an instuon that is used
in direct support of, or in relaon to, the instuon's educaonal purposes, is frequently used by students, and is not
within the same reasonably conguous geographic area of the instuon.
: All public property, including thoroughfares, streets, sidewalks, and parking facilies, that is within the
campus or immediately adjacent to and accessible from the campus.
Reported crime stascs do not include crimes that occur in privately owned homes or businesses on or adjacent to
Duke's campuses.
The crime stascs reect those oenses mandated by the “Jeanne Clery Disclosure of Campus Security Policy and
Campus Crime Stascs Act” that have been compiled by the Duke Police Department. These include all reports made
to Duke Police, as well as ocials of the University who have signicant responsibility for student and campus acvi-
es. Local law enforcement provides most of the public property oenses.
Residenal Facilies = Dormitory and apartment residences at the University including those on West
Campus, East Campus, North Campus, and Central Campus.
On Campus = Residenal facilies as described above with the addion of parking lots, open areas,
and non-residenal facilies on the University’s academic campus including West
Campus, East Campus, and Central Campus as well as the facilies of Duke University
Health System including Duke Clinics, Duke Hospital, and the Medical Center’s North
Campus.
Non-Campus = Duke property not immediately adjacent to the main campus that is frequented by
students; some examples include the Duke University Department of Psychiatry pro-
gram in Durham, Duke Regional Hospital, Duke Raleigh Hospital, and certain domesc
and internaonal programs.
Public Property = Public streets passing through the campus; public property and streets immediately
adjacent to and accessible from the campus as reported to the Duke and Durham
Police Departments.
Duke Marine Lab = A separate campus, the Duke Marine Lab is located on a small, self-contained island
connected by causeway to the Town of Beaufort, NC.
Duke in DC Program = A separate campus, the Duke in DC Program is located in a suite on the 5th oor at
1201 Pennsylvania Avenue, NW, Washington DC.
Duke University Main Campus (includes hospital & medical research areas)
Duke University Marine Lab at Beaufort, NC
Duke in DC Program, Washington, DC
The Duke University Police Department promotes reporng of all crimes to all appropriate police agencies. Several pol-
icies and program are used to encourage students and employees to be responsible for their own security and the
security of others and promote safety, including:
Duke Police Crime Prevention Division conducts programs for students and employee training sessions. The
Division provides programs on robbery and theft prevention; infant abduction prevention; violence in the
workplace; and underage drinking and alcohol laws. While COVID-19 reduced our numbers of in-person
interactions in 2020 and beyond, the Duke Police Crime Prevention Division adapted to this new environment
using Webinar, Zoom and WebEx platforms. In 2022, the Division conducted 337 safety, crime prevention
and security awareness briefings/events. Some
11,644 students, employees, faculty, and
community members attended their programs
and events. Web meetings proved effective for
student, faculty and staff orientations and
reached many people who otherwise were
limited by personal contact. This also included
11 engraving sessions, 15 informal security walk
-thru assessments, and 3 faculty/staff & student
Citizens Police Academy programs. In addition,
the Crime Prevention Division attended and rep-
resented the Duke Community in 107 Durham
Community Outreach meetings and initiatives.
Duke Police ocers perform security audits of facilies upon request. Recommendaons for access and surveillance
systems, alarm needs, and instrucon and troubleshoong of alarm systems are also provided.
A printed daily crime log is available for public review in the police department’s lobby. It is also typically made availa-
ble on the department website.
The Duke University Police Department has frequent contact with the University newspaper, The Chronicle (the Duke
student newspaper) and DukeTODAY online (from Duke Oce of News & Communicaons) at hps://today.duke.edu/
and reports signicant incidents that occur. Informaon on crimes is also solicited in this manner.
Crime reducon informaon that includes requests to immediately report all crimes or suspicious acvies to the
police is regularly distributed during programs.
• Walk or jog with a friend, not alone.
• Avoid isolated areas.
• Use Duke Vans (919) 684-2020
• Know your limits on dates and communicate them to your partner.
• Know your limits with alcohol and do not accept drinks from others.
• Tell a friend where you are going and when you will return.
• Report concerning behaviors (unwanted texts, threats, etc.)
• Use a help phone or raise the hood and stay in your car if it breaks down (with doors locked). If people stop to assist,
ask them to call the police.
• Be aware of your surroundings.
• Never leave your drink unaended. Because they are colorless and odorless, date rape drugs can be slipped into any
type of beverage.
• Do not accept drinks from anyone but a bartender or server.
• Try to aend bars or pares with a group of friends, arranging beforehand to watch each other’s drinks.
• If you think your drink has been tampered with, seek medical aenon immediately and request the hospital conduct
toxicology tesng.
• Lock your dorm room or apartment whenever you leave and
when you are sleeping.
• Do not prop open card reader doors.
• Call 9-1-1 if you see someone in the building who does not
belong.
• Do not allow strangers to follow you into the building.
• Keep personal items (purses, book bags) locked up.
• Secure the work area when no one is in it.
• Report suspicious people to the police.
• Record the serial numbers of your valuables.
• Protect your data and devices: see hps://security.duke.edu/
• Register your bike with Parking Services.
• Keep your vehicle locked when it is parked and when you drive.
• Consider installing an-the or alarm devices on your vehicle.
• Do not leave textbooks, purses, or book bags unaended.
• Do not leave laptop computers unaended.
• Lost or stolen Duke Cards should be reported to the Duke Card Oce at (919) 684-5800.
• Lost or stolen medical center access cards should be reported to Medical Center Engineering & Operaons at
Duke University has no University owned o-campus (“non-campus”) housing or student organizaon facilies. Addi-
onally, Duke University does not have ocially recognized student organizaons that own or control housing facilies
outside of the Duke University core campus. Therefore, the Durham Police Department and other outside law enforce-
ment are not used for monitoring and recording criminal acvity since there are no Clery-dened non-campus locaons
of student organizaons.
Many Duke graduate and professional students and a number of undergraduate students live away from the campus.
Duke University does have a variety of satellite facilies located away from the main academic campus and Duke Uni-
versity Health System complex. With some excepons (e.g., Duke Marine Lab, Duke Regional Hospital), these are
primarily administrave oces and not educaonal facilies.
The Duke Police Department maintains excellent working relaonships with all area law enforcement agencies
including the City of Durham Police Department, the Durham and Orange County Sheri’s Oces, the North Carolina
Highway Patrol, the North Carolina State Bureau of Invesgaon (SBI), and the local eld oce of the Federal Bureau of
Invesgaon (FBI). These working relaonships are maintained through periodic communicaon among agency admin-
istrators and by frequent contact between line ocers and invesgators cooperang on specic cases.
The Duke Police Department handles criminal maers on the main campus. The Duke Police Department,
by MOU with the Durham Police Department, maintains an exercise of concurrent jurisdicon within several blocks of
the main Duke University Campus property. However, the Durham Police are primarily responsible for handling cases
of serious criminal acvity in the concurrent jurisdicon. The Duke Police Department has an MOU with the City of
Durham regarding jurisdicon, responsibilies within that agreed upon jurisdicon, including the invesgaon of crimi-
nal incidents. Maers occurring at properes that are more distant from the main campus are handled either enrely
by the local law enforcement agency with jurisdicon (i.e. City Police or County Sheri’s Oces) or handled by such
agencies supported by Duke Police.
If one of the local law enforcement agencies responds or is contacted about criminal acvity occurring o-campus
involving Duke students, they may nofy the Duke University Police Department. However, other agencies’ policies
do not require such nocaon. Students, in these cases, may be subject to arrest by the local agencies and subject to
University disciplinary acon through the Oce of Student Conduct. Also, see The Duke Community Standard in Prac-
ce: A Guide for Undergraduates at hps://students.duke.edu/wp-content/uploads/2023/08/DCS-Guide-2023-
2024.pdf-1.pdf
The Duke University Police Department may provide a mely warning or other advisory for signicant o-campus crim-
inal acvity impacng the University community. This informaon may be disseminated via campus media, outdoor
warning system, text and e-mail messaging, posted bullens, and through the student residenal sta. Although the
department does not rounely record stascs on crimes that occur outside its legal jurisdicon, it does collect and
publish stascs for Clery crimes occurring on public property immediately adjacent to the University.
In general, prospecve students, employees, and visitors to Duke University should know that, as with any campus,
there is crime both on and o campus and that it is important to take reasonable precauons at all mes. DUPD can
assist any member of the Duke community in determining an appropriate point of contact for police maers falling
outside of the department's jurisdicon. Contact the Assistant Chief Raines at (919) 684-2210 for assistance.
-
-’
The Duke University Marine Laboratory is a division within the Nicholas School of the Environment and Earth Sciences.
Its mission is educaon and research in the basic ocean processes, coastal environmental management, marine
biotechnology and marine biomedicine. It is situated on Pivers Island within the Outer Banks of North Carolina, only
150 yards across the channel from the historic town of Beaufort. A bridge connects the island with US Highway 70,
making the laboratory accessible by automobile.
The Marine Laboratory consists of 24 buildings, including several dormitories, a large dining hall, a boathouse that has
been remodeled as a student commons, classroom laboratories, six research buildings, and a maintenance complex.
The laboratory also maintains wet labs with running seawater, a workshop, a stockroom, and a purchasing department.
Building access control is by lock and key. A maintenance employee is on duty or can be called 24/7 to assist with
access, monitor building security and to report safety or security concerns to the Marine Laboratory administraon.
The Marine Laboratory operates year-round to provide educaonal, training, and research opportunies to about
3,500 persons annually, including undergraduate, graduate and professional students enrolled in the University's aca-
demic programs; vising student groups who use the laboratory's facilies; and sciensts who come from both the
United States and abroad to conduct their own research.
Note that the immediate responding local law enforcement agencies to the Marine Laboratory campus are the Town of
Beaufort Police Department and the Carteret County Sheri’s Oce.
• In any emergency (medical or criminal), dial 911.
• Carteret County Sheri’s Oce, main number: (252) 728-8400.
• The non-emergency telephone number for the law enforcement response is (252) 726-1911, Carteret County
Communicaon Center.
Both the Town of Beaufort Police Department and the Carteret County Sheri’s Oce respond to calls for service and
invesgate crimes. If a crime occurs that requires a Timely Warning assessment, the Marine Laboratory’s Director or
his designee will nofy the Duke University Campus Police Department, which will then follow procedures outlined
above.
The Marine Lab also has security ocers on the island from 6 p.m. to 6 a.m. on weekdays and 24-hour coverage on
weekends and holidays. The security oce phone number is (252) 659-0572. While they do not have police enforce-
ment authority, they are responsible for monitoring safety and have authority to enforce policy. These security ocers
are also CPR trained.
The Duke Marine Lab Crime Log is available during business hours at the Administraon Building on site.
Anonymous reports of criminal acvity can be reported to Carteret County Crime Stoppers by dialling (252) 726-INFO
or by subming an email to Carteret County Sheri's Oce CRIME TIPS (crimeps@carteretcountygov.org).This e-mail
address is being protected from spambots. JavaScript must be enabled to view it.
The Duke University Police Department may also assist local law enforcement in invesgang crimes reported at the
Marine Laboratory campus. It is also available to provide crime prevenon programs for student orientaons, as well
as programs on alcohol impairment and laws. Although crime is infrequent at the lab, please remember to follow the
advice as outlined above in the Crime Reducon Tips secon. Emergency management of the Marine Lab is
coordinated with the main campus.
____________________________________________________________________________
Duke in DC is the university’s home in the naon’s capital.We work with policymakers, academics, researchers, alumni and
the higher educaon community to advance the intellectual life of the university beyond campus.
Duke University is commied to a belief that the 21st century research instuon is grounded in real-world applica-
ons, is responsive to local needs and global aspiraons.
Students are housed in a Washington Intern Student Housing (WISH) rowhouse on Capitol Hill. Living in the WISH prop-
erty at 231 Constuon Ave, NE, will provides the opportunity to live and learn with fellow residents. The following
policies are in place for your happiness, health and safety.
_______________________________________________________________________________________
These specic policy statements, descripons of facility, and contact informaon apply to Duke in DC. All other policy
statements about other topics not addressed here that are contained above in this Annual Security Report apply to
Duke in DC.
Although you are o campus for the semester, you are sll expected to adhere to the Duke University Community
Standard. Violaons of the Duke Community Standard, even while studying o campus, may result in judicial board
acon back at Duke.
Washington, DC is a much safer city than it was 30 years ago, but, as in any heavily populated place, you need to stay
alert and use common sense. Keep the following in mind when traveling around the city:
• Know where your wallet, purse, or other valuables are at all mes. Don’t keep your wallet in the back pocket of
your pants or in a backpack.
• Don’t carry too much cash on you and never display large amounts of cash in public.
• Ignore panhandlers.
• Aer dark, stay on main streets where there are other people.
• Ride in metro cars that have other people in them.
• Don’t travel in unmarked or unlicensed taxi cabs.
, students and sta should contact the local Washington DC Metropolitan
Police Department at 9-1-1 and the on-site Director. If the director is unavailable, individuals should contact the Duke
Police at (919) 684-2444. If a crime occurs that requires a Timely Warning assessment, the Duke in DC’s on-site
Director or designee will nofy the Duke University Campus Police Department, which will then follow procedures
outlined above.
Duke in DC is located on the h oor, Suite 500, at 1201 Pennsylvania Avenue, N.W. The main building lobby has
security as the front desk 24/7/365, and the h oor suite is secured with a separate keycard access system.
Appendix 1: N.C. Criminal Law Definitions
North Carolina Statutes: Sexual Assault, Domestic Violence, Dating Violence, and Stalking
Sexual Assault
First-degree Forcible Rape - NCGS 14-27.21:
(a) A person is guilty of rst-degree forcible rape if the person engages in vaginal intercourse with another person by force and
against the will of the other person, and does any of the following:
(1) Uses, threatens to use, or displays a dangerous or deadly weapon or an arcle which the other person reasonably believes to be
a dangerous or deadly weapon.
(2) Inicts serious personal injury upon the vicm or another person.
(3)The person commits the oense aided and abeed by one or more other persons.
Second-degree Forcible Rape - NCGS 14-27.22:
(a) A person is guilty of second-degree forcible rape if the person engages in vaginal intercourse with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should
reasonably know the other person is mentally disabled, mentally incapacitated, or physically helpless.
Statutory Rape
NCGS 14-27.23: A person is guilty of statutory rape of a child by an adult if the person is at least 18 years of age and engages in
vaginal intercourse with a vicm who is a child under the age of 13 years.
NCGS 14-27.24: A person is guilty of rst-degree statutory rape if the person engages in vaginal intercourse with a vicm who is a
child under the age of 13 years and the defendant is at least 12 years old and is at least four years older than the vicm.
NCGS 14-27.25: A defendant is guilty of a Class B1 felony if the defendant engages in vaginal intercourse with another person who
is 15 years of age or younger and the defendant is at least 12 years old and at least six years older than the person, except when
the defendant is lawfully married to the person
First-degree Forcible Sexual Oense - NCGS 14-27.26:
A person is guilty of a rst degree forcible sexual oense if the person engages in a sexual act with another person by force and
against the will of the other person, and does any of the following:
Employs or displays a dangerous or deadly weapon or an arcle which the other person reasonably believes to be a dangerous or
deadly weapon.
(2) Inicts serious personal injury upon the vicm or another person.
(3) The person commits the oense aided and abeed by one or more other persons.
Second-degree Forcible Sexual Oense - NCGS 14-27.27:
A person is guilty of second degree forcible sexual oense if the person engages in a sexual act with another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should
reasonably know that the other person is mentally disabled, mentally incapacitated, or physically helpless.
Statutory Sexual Oense
NCGS 14-27.28:
A person is guilty of statutory sexual oense with a child by an adult if the person is at least 18 years of age and engages in a sexual
act with a vicm who is a child under the age of 13 years.
NCGS 14- 27.29:
A person is guilty of rst-degree statutory sexual oense if the person engages in a sexual act with a vicm who is a child under the
age of 13 years and the defendant is at least 12 years old and is at least four years older than the vicm.
NCGS 14-27.30:
A defendant is guilty of a Class B1 felony if the defendant engages in a sexual act with another person who is 15 years of age or
younger and the defendant is at least 12 years old and at least six years older than the person, except when the defendant is law-
fully married to the person.
Sexual Assault, continued
Sexual Acvity by a Substute Parent or Custodian - NCGS 14- 27.31:
If a defendant who has assumed the posion of a parent in the home of a minor vicm engages in vaginal intercourse or a sexual
act with a vicm who is a minor residing in the home, the defendant is guilty of a Class E felony.
If a person having custody of a vicm of any age or a person who is an agent or employee of any person, or instuon, whether
such instuon is private, charitable, or governmental, having custody of a vicm of any age engages in vaginal intercourse or a
sexual act with such vicm, the defendant is guilty of a Class E felony.
Sexual Acvity with a Student - NCGS 14-27.32:
If a defendant, who is a teacher, school administrator, student teacher, school safety ocer, or coach, at any age, or who is other school personnel,
and who is at least four years older than the vicm engages in vaginal intercourse or a sexual act with a vicm who is a student, at any me during or
aer the me the defendant and vicm were present together in the same school, but before the vicm ceases to be a student, the defendant is
guilty of a Class G felony, except when the defendant is lawfully married to the student. The term "same school" means a school at which the student
is enrolled and the defendant is employed, assigned, or volunteers.
A defendant who is school personnel, other than a teacher, school administrator, student teacher, school safety ocer, or coach, and is less than four
years older than the vicm and engages in vaginal intercourse or a sexual act with a vicm who is a student, is guilty of a Class I felony.
Sexual Baery - NCGS 14-27.33:
A person is guilty of sexual baery if the person, for the purpose of sexual arousal, sexual gracaon, or sexual abuse, engages in sexual contact with
another person:
(1) By force and against the will of the other person; or
(2) Who is mentally disabled, mentally incapacitated, or physically helpless, and the person performing the act knows or should reasonably know that
the other person is mentally disabled, mentally incapacitated, or physically helpless.
Taking indecent liberes with children - NCGS 14-202.1:
A person is guilty of taking indecent liberes with children if, being 16 years of age or more and at least ve years older than the child in queson, he
either:
Willfully takes or aempts to take any immoral, improper, or indecent liberes with any child of either sex under the age of 16 years for the purpose of
arousing or grafying sexual desire; or
Willfully commits or aempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex
under the age of 16 years.
Indecent liberes between children - NCGS 14-202.2:
A person who is under the age of 16 years is guilty of taking indecent liberes with children if the person either:
Willfully takes or aempts to take any immoral, improper, or indecent liberes with any child of either sex who is at least three years younger than
the defendant for the purpose of arousing or grafying sexual desire; or
Willfully commits or aempts to commit any lewd or lascivious act upon or with the body or any part or member of the body of any child of either sex
who is at least three years younger than the defendant for the purpose of arousing or grafying sexual desire.
Taking indecent liberes with a student - NCGS 14-202.4:
(a) If a defendant, who is a teacher, school administrator, student teacher, school safety ocer, or coach, at any age, or who is other school personnel and
is at least four years older than the vicm, takes indecent liberes with a vicm who is a student, at any me during or aer the me the defendant and
vicm were present together in the same school but before the vicm ceases to be a student, the defendant is guilty of a Class I felony, unless the con-
duct is covered under some other provision of law providing for greater punishment. A person is not guilty of taking indecent liberes with a student if the
person is lawfully married to the student.
(b) If a defendant, who is school personnel, other than a teacher, school administrator, student teacher, school safety ocer, or coach, and who is less
than four years older than the vicm, takes indecent liberes with a student as provided in subsecon (a) of this secon, the defendant is guilty of a Class I
felony.
Sexual Assault, continued
Solicitaon of a Child by Computer to Commit an Unlawful Sex Act - NCGS 14-202.3:
Oense.–A person is guilty of solicitaon of a child by a computer if the person is 16 years of age or older and the person knowing-
ly, with the intent to commit an unlawful sex act, ences, advises, coerces, orders, or commands, by means of a computer or any
other device capable of electronic data storage or transmission, a child who is less than 16 years of age and at least ve years
younger than the defendant, or a person the defendant believes to be a child who is less than 16 years of age and who the defend-
ant believes to be at least ve years younger than the defendant, to meet with the defendant or any other person for the purpose
of comming an unlawful sex act. Consent is not a defense to a charge under this secon.
Jurisdicon.–The oense is commied in the State for purposes of determining jurisdicon, if the transmission that constutes the
oense either originates in the State or is received in the State.
Domestic Violence
Simple Assault - NCGS 14-33(a)
Any person who commits a simple assault or a simple assault and baery or parcipates in a simple aray is guilty of a Class 2 mis-
demeanor
Assault inicng Serious Injury - NCGS 14-33(c)(1)
Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any as-
sault, assault and baery, or aray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and baery, or aray,
he or she:
Inicts serious injury upon another person or uses a deadly weapon
Assault on a Female - NCGS 14-33(c)(2)
Unless the conduct is covered under some other provision of law providing greater punishment, any person who commits any as-
sault, assault and baery, or aray is guilty of a Class A1 misdemeanor if, in the course of the assault, assault and baery, or aray,
he or she:
Assaults a female, he being a male person at least 18 years of age
Assault by Poinng a Gun - NCGS 14- 34
If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not
loaded, he shall be guilty of a Class A1 misdemeanor.
Violaon of a Domesc Violence Protecon Order - NCGS 50B-4.1:
Except as otherwise provided by law, a person who knowingly violates a valid protecve order entered pursuant to this Chapter or
who knowingly violates a valid protecve order entered by the courts of another state or the courts of an Indian tribe shall be
guilty of a Class A1 misdemeanor.
Dating Violence (in North Carolina, included in the definition of Domestic Violence)
Violaon of a Domesc Violence Protecon Order - NCGS 50B-4.1:
Except as otherwise provided by law, a person who knowingly violates a valid protecve order entered pursuant to this Chapter or
who knowingly violates a valid protecve order entered by the courts of another state or the courts of an Indian tribe shall be
guilty of a Class A1 misdemeanor.
Stalking
Stalking - NCGS 14-277.3A (c)
Oense.–A defendant is guilty of stalking if the defendant willfully on more than one occasion harasses another person with-
out legal purpose or willfully engages in a course of conduct directed at a specic person without legal purpose and the de-
fendant knows or should know that the harassment or the course of conduct would cause a reasonable person to do any of
the following:
(1) Fear for the person's safety or the safety of the person's immediate family or close personal associates.
(2) Suer substanal emoonal distress by placing that person in fear of death, bodily injury, or connued harassment.
Stalking, continued
Cyberstalking - NCGS 14- 196.3:
It is unlawful for a person to:
(1) Use in electronic mail or electronic communicaon any words or language threatening to inict bodily harm to any person or
to that person's child, sibling, spouse, or dependent, or physical injury to the property of any person, or for the purpose of ex-
torng money or other things of value from any person.
(2) Electronically mail or electronically communicate to another repeatedly, whether or not conversaon ensues, for the purpose
of abusing, annoying, threatening, terrifying, harassing, or embarrassing any person.
(3) Electronically mail or electronically communicate to another and to knowingly make any false statement concerning death,
injury, illness, disgurement, indecent conduct, or criminal conduct of the person electronically mailed or of any member of the
person's family or household with the intent to abuse, annoy, threaten, terrify, harass, or embarrass.
(4) Knowingly permit an electronic communicaon device under the person's control to be used for any purpose prohibited by
this secon.
(5) Knowingly install, place, or use an electronic tracking device without consent, or cause an electronic tracking device to be in-
stalled, placed, or used without consent, to track the locaon of any person.
(c) Any oense under this secon commied by the use of electronic mail or electronic communicaon may be deemed to have
been commied where the electronic mail or electronic communicaon was originally sent, originally received in this State, or
rst viewed by any person in this State.
Appendix 2: Federal Codes and Penalties for Drug Abuse, Prevention & Control
Penales for simple possession
It shall be unlawful for any person knowingly or intenonally to possess a controlled substance unless such substance was ob-
tained directly, or pursuant to a valid prescripon or order, from a praconer, while acng in the course of his professional prac-
ce, or except as otherwise authorized by this subchapter or subchapter II. It shall be unlawful for any person knowingly or inten-
onally to possess any list I chemical obtained pursuant to or under authority of a registraon issued to that person under secon
823 of this tle or secon 958 of this tle if that registraon has been revoked or suspended, if that registraon has expired, or if
the registrant has ceased to do business in the manner contemplated by his registraon. It shall be unlawful for any person to
knowingly or intenonally purchase at retail during a 30 day period more than 9 grams of ephedrine base, pseudoephedrine base,
or phenylpropanolamine base in a scheduled listed chemical product, except that, of such 9 grams, not more than 7.5 grams may
be imported by means of shipping through any private or commercial carrier or the Postal Service. Any person who violates this
subsecon may be sentenced to a term of imprisonment of not more than 1 year, and shall be ned a minimum of $1,000, or
both, except that if he commits such oense aer a prior convicon under this subchapter or subchapter II, or a prior convicon
for any drug, narcoc, or chemical oense chargeable under the law of any State, has become nal, he shall be sentenced to a
term of imprisonment for not less than 15 days but not more than 2 years, and shall be ned a minimum of $2,500, except, fur-
ther, that if he commits such oense aer two or more prior convicons under this subchapter or subchapter II, or two or more
prior convicons for any drug, narcoc, or chemical oense chargeable under the law of any State, or a combinaon of two or
more such oenses have become nal, he shall be sentenced to a term of imprisonment for not less than 90 days but not more
than 3 years, and shall be ned a minimum of $5,000. Notwithstanding any penalty provided in this subsecon,
any person convicted under this subsecon for the possession of unitrazepam shall be imprisoned for not more than 3 years,
shall be ned as otherwise provided in this secon, or both. The imposion or execuon of a minimum sentence required to be
imposed under this subsecon shall not be suspended or deferred. Further, upon convicon, a person who violates this subsec-
on shall be ned the reasonable costs of the invesgaon and prosecuon of the oense, including the costs of prosecuon of
an oense as dened in secons 1918 and 1920 of tle 28, except that this sentence shall not apply and a ne under this secon
need not be imposed if the court determines under the provision of tle 18 that the defendant lacks the ability to pay.
“”
As used in this secon, the term “drug, narcoc, or chemical oense” means any oense which proscribes the possession, distri-
buon, manufacture, culvaon, sale, transfer, or the aempt or conspiracy to possess,distribute, manufacture, culvate, sell
or transfer any substance the possession of which is prohibited under this subchapter.
-
Except as provided in secon 860 of this tle, any person at least eighteen years of age who violates secon 841(a)(1) of this -
tle by distribung a controlled substance to a person under twenty-one years of age is (except as provided in subsecon (b)) sub-
ject to (1) twice the maximum punishment authorized by secon 841(b) of this tle, and (2) at least twice any term of supervised
release authorized by secon 841(b) of this tle, for a rst oense involving the same controlled substance and schedule. Except
to the extent a greater minimum sentence is otherwise provided by secon 841(b) of this tle, a term of imprisonment under this
subsecon shall be not less than one year. The mandatory minimum sentencing provisions of this subsecon shall not apply to
oenses involving 5 grams or less of marihuana.
Except as provided in secon 860 of this tle, any person at least eighteen years of age who violates secon 841(a)(1) of this -
tle by distribung a controlled substance to a person under twenty-one years of age aer a prior convicon under subsecon (a)
of this secon (or under secon 333(b) of this tle as in eect prior to May 1, 1971) has become nal, is subject to (1) three mes
the maximum punishment authorized by secon 841(b) of this tle, and (2) at least three mes any term of supervised release
authorized by secon 841(b) of this tle, for a second or subsequent oense involving the same controlled substance and sched-
ule. Except to the extent a greater minimum sentence is otherwise provided by secon 841(b) of this tle, a term of imprisonment
under this subsecon shall be not less than one year. Penales for third and subsequent convicons shall be governed by secon
841(b)(1)(A) of this tle.
Federal Codes and Penalties for Drug Abuse, Prevention & Control, continued
Distribuon or manufacturing in or near schools and colleges
Any person who violates secon 841(a)(1) of this tle or secon 856 of this tle by distribung, possessing with intent
to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a
public or private elementary, vocaonal, or secondary school or a public or private college, junior college, or university, or
a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth cen-
ter, public swimming pool, or video arcade facility, is (except as provided in subsecon (b)) subject to (1) twice the maximum pun-
ishment authorized by secon 841(b) of this tle; and (2) at least twice any term of supervised release authorized by secon 841
(b) of this tle for a rst oense. A ne up to twice that authorized by secon 841(b) of this tle may be imposed in addion to
any term of imprisonment authorized by this subsecon. Except to the extent a greater minimum sentence is otherwise provided
by secon 841(b) of this tle, a person shall be sentenced under this subsecon to a term of imprisonment of not less than one
year. The mandatory minimum sentencing provisions of this paragraph shall not apply to oenses involving 5 grams or less of ma-
rihuana.
Any person who violates secon 841(a)(1) of this tle or secon 856 of this tle by distribung, possessing with intent
to distribute, or manufacturing a controlled substance in or on, or within one thousand feet of, the real property comprising a
public or private elementary, vocaonal, or secondary school or a public or private college, junior college, or university, or
a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth cen-
ter, public swimming pool, or video arcade facility, aer a prior convicon under subsecon (a) has become nal is punishable (1)
by the greater of (A) a term of imprisonment of not less than three years and not more than life imprisonment or (B) three mes
the maximum punishment authorized by secon 841(b) of this tle for a rst oense, and (2) at least three mes any term of su-
pervised release authorized by secon 841(b) of this tle for a rst oense. A ne up to three mes that authorized by secon
841(b) of this tle may be imposed in addion to any term of imprisonment authorized by this subsecon. Except to the extent a
greater minimum sentence is otherwise provided by secon 841(b) of this tle, a person shall be sentenced under this subsecon
to a term of imprisonment of not less than three years. Penales for third and subsequent convicons shall be governed
by secon 841(b)(1)(A) of this tle.
Notwithstanding any other law, any person at
least 21 years of age who knowingly and intenonally—
employs, hires, uses, persuades, induces, ences, or coerces a person under 18 years of age to violate this secon; or
employs, hires, uses, persuades, induces, ences, or coerces a person under 18 years of age to assist in avoiding de
tecon or apprehension for any oense under this secon by any Federal, State, or local law enforcement ocial,
is punishable by a term of imprisonment, a ne, or both, up to triple those authorized by secon 841 of this tle.
In the case of any mandatory minimum sentence imposed under this secon, imposion or execuon of such sentence shall
not be suspended and probaon shall not be granted. An individual convicted under this secon shall not be eligible for pa-
role unl the individual has served the mandatory minimum term of imprisonment as provided by this secon.
For the purposes of this secon—
The term “playground” means any outdoor facility (including any parking lot appurtenant thereto) intended for recre
aon, open to the public, and with any poron thereof containing three or more separate apparatus intended for the
recreaon of children including, but not limited to, sliding boards, swingsets, and teeterboards.
The term “youth center” means any recreaonal facility and/or gymnasium (including any parking lot appurtenant t
hereto), intended primarily for use by persons under 18 years of age, which regularly provides athlec, civic, or cultural
acvies.
The term “video arcade facility” means any facility, legally accessible to persons under 18 years of age, intended pri
marily for the use of pinball and video machines for amusement containing a minimum of ten pinball and/or video ma
chines.
The term “swimming pool” includes any parking lot appurtenant thereto.
Federal Codes and Penalties for Drug Abuse, Prevention & Control, continued
Drug paraphernalia
It is unlawful for any person—
to sell or oer for sale drug paraphernalia;
to use the mails or any other facility of interstate commerce to transport drug paraphernalia; or
to import or export drug paraphernalia.
Anyone convicted of an oense under subsecon (a) of this secon shall be imprisoned for not more than three years and
ned under tle 18.
Any drug paraphernalia involved in any violaon of subsecon (a) of this secon shall be subject to seizure and forfeiture upon
the convicon of a person for such violaon. Any such paraphernalia shall be delivered to the Administrator of General Ser-
vices, General Services Administraon, who may order such paraphernalia destroyed or may authorize its use for law enforce-
ment or educaonal purposes by Federal, State, or local authories.
“” The term “drug paraphernalia” means any equipment, product, or material of any kind
which is primarily intended or designed for use in manufacturing, compounding, converng, concealing, producing, processing,
preparing, injecng, ingesng, inhaling, or otherwise introducing into the human body a controlled substance, possession of
which is unlawful under this subchapter. It includes items primarily intended or designed for use in ingesng, inhaling, or other-
wise introducing marijuana,[1] cocaine, hashish, hashish oil, PCP, methamphetamine, or amphetamines into the human body,
such as—
metal, wooden, acrylic, glass, stone, plasc, or ceramic pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
water pipes;
carbureon tubes and devices;
smoking and carbureon masks;
roach clips: meaning objects used to hold burning material, such as a marihuana cigaree, that has become too
small or too short to be held in the hand;
miniature spoons with level capacies of one-tenth cubic cenmeter or less;
chamber pipes;
carburetor pipes;
electric pipes;
air-driven pipes;
chillums;
bongs;
ice pipes or chillers;
wired cigaree papers; or
cocaine freebase kits.
In determining whether an item
constutes drug paraphernalia, in addion to all other logically relevant factors, the following may be considered:
instrucons, oral or wrien, provided with the item concerning its use;
descripve materials accompanying the item which explain or depict its use;
naonal and local adversing concerning its use;
(4) the manner in which the item is displayed for sale;
(5) whether the owner, or anyone in control of the item, is a legimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco products;
direct or circumstanal evidence of the rao of sales of the item(s) to the total sales of the business enterprise;
the existence and scope of legimate uses of the item in the community; and
expert tesmony concerning its use.
This secon shall not apply to—
any person authorized by local, State, or Federal law to manufacture, possess, or distribute such items; or
any item that, in the normal lawful course of business, is imported, exported, transported, or sold through the mail
or by any other means, and tradionally intended for use with tobacco products, including any pipe, paper, or
accessory.
Federal Drug Trafficking Penalties
Federal Trafficking Penalties for Schedules I, II, III, IV, and V (except Marijuana)
Schedule Substance/Quantity Penalty Substance/Quantity Penalty
II Cocaine
500-4999 grams mix-
ture
First Offense: Not less than 5 yrs. and
not more than 40 yrs. If death or seri-
ous bodily injury, not less than 20 yrs.
or more than life. Fine of not more than
$5 million if an individual, $25 million if
not an individual.
Cocaine
5 kilograms or more
mixture
First Offense: Not less than
10 yrs. and not more than
life. If death or serious bodily
injury, not less than 20 yrs. or
more than life. Fine of not
more than $10 million if an
individual, $50 million if not
an individual.
Second Offense: Not less
than 20 yrs, and not more
than life. If death or serious
bodily injury, life imprison-
ment. Fine of not more than
$20 million if an individ-
ual, $75 million if not an
individual.
2 or More Prior Offenses:
Life imprisonment. Fine of
not more than
$20 million if an individ-
ual, $75 million if not an
individual.
II Cocaine Base
28-279 grams mixture
Cocaine Base
280 grams or more
II Fentanyl
40-399 grams mixture
Fentanyl
400 grams or more
mixture
I Fentanyl Analogue
10-99 grams mixture
Fentanyl Analogue
100 grams or more
mixture
I Heroin
100-999 grams
mixture
Heroin
1 kilogram or more
mixture
I LSD
1-9 grams mixture
Second Offense: Not less than 10 yrs.
and not more than life. If death or seri-
ous bodily injury, life imprisonment.
Fine of not more than
$8 million if an individual, $50 million
if not an individual.
LSD
10 grams or more
II Methamphetamine
5-49 grams pure or
50-499 grams mixture
Methamphetamine
50 grams or more
pure
or 500 grams or more
II PCP
10-99 grams pure or
100-999 grams mix-
ture
PCP
100 grams or more
pure
or 1 kilogram or more
mixture
Appendix 3: District of Columbia Crimes & Penalties—Alcohol Violations
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Purchase, possession or consumption by persons under 21; misrepresentation of age; penalties.
No person who is under 21 years of age shall purchase, aempt to purchase, possess, or drink an alcoholic beverage in
the District, except as provided under subchapter IX of Chapter 7.
No person shall falsely represent his or her age, or possess or present as proof of age an idencaon document
which is in any way fraudulent, for the purpose of purchasing, possessing, or drinking an alcoholic beverage in the District.
No person shall present a fraudulent idencaon document for the purpose of entering an establishment possessing
an on-premises retailer’s license, an Arena C/X license, or a temporary license.
For the purpose of determining valid representaon of age, each person shall be required to present to the establish-
ment owner or representave at least one form of valid idencaon, which shall have been issued by an agency of gov-
ernment (local, state, federal, or foreign) and shall contain the name, date of birth, signature, and photograph of the indi-
vidual; provided, that a military idencaon card issued by an agency of government (local, state, federal, or foreign)
shall be an acceptable form of valid idencaon whether or not it contains the individual's signature.
Except as provided in paragraph (4)(D) of this subsecon, any person who violates any provision of this secon shall be
guilty of a misdemeanor and, upon convicon, shall be subject to a ne and suspension of driving privileges as follows:
Upon the rst violaon, a ne of not more than $300 and suspension of driving privileges in the District for 90 con-
secuve days;
Upon the second violaon, a ne of not more than $600 and suspension of driving privileges in the District for 180
days; and
Upon the third and each subsequent violaon, a ne of not more than $1,000 and suspension of driving privileges
in the District for one year.
In lieu of proceeding to trial or disposion under paragraph (1) of this subsecon, the Mayor shall oer persons who
are arrested, or criminally charged by informaon, for a rst or second violaon of this secon, the opon of compleng
a diversion program authorized and approved by the Mayor. The Mayor shall determine the content of the diversion pro-
gram, which may include community service and alcohol awareness and educaon. If the person rejects enrollment in, or
fails to comply with the requirements of, or fails to complete within 6 months, the diversion program, he or she may con-
nue to be prosecuted in accordance with paragraph (1) of this secon [subsecon]. The Mayor, may, at his discreon,
decline to oer diversion to any person who has previously been convicted of, any felony, misdemeanor, or other crimi-
nal oense.
As a condion to acceptance into a diversion program, the Mayor may request that the person agree to pay the Dis-
trict, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s parcipaon in the
program; provided, that:
The fee shall not unreasonably discourage persons from entering the diversion program; and
The Mayor may reduce or waive the fee if the Mayor nds that the person is indigent.
Upon the expiraon of 6 months following the date of a convicon or a dismissal of a proceeding, or upon the
expiraon of 6 months following the date of arrest if no informaon was led, any person who was arrested for, or
criminally charged by informaon with, any oense under this secon may peon the court for an order expunging
from the ocial records all records relang to the arrest, informaon, trial, convicon, or dismissal of the person;
provided, that a nonpublic record shall be retained by the court and the Mayor solely for the purposes of conducng a
criminal record check for persons applying for a posion as a law enforcement ocer or determining whether a per-
son has previously received an expungement under this subsecon.
The court shall grant the peon described in subparagraph (A) of this paragraph if the peoner has no pending
charges for and has not been convicted of, any other felony, misdemeanor, or other criminal oense and if any ne
imposed as a result of a convicon under this secon has been paid; provided, that the court may grant the peon
described in subparagraph (A) of this paragraph if, other than a convicon for a misdemeanor under this secon, the
peoner has no pending charges for, and has not been convicted of, any felony, misdemeanor, or other criminal
oense.
Except as provided by this subsecon, the eect of an expungement order shall be to lawfully restore the person
receiving the expungement to the status he or she occupied before the arrest or informaon described in subpara-
graph (A) of this paragraph. No person for whom an expungement order permied by this subsecon has been en-
tered may be held thereaer, under any provision of law, to be guilty of perjury or otherwise giving a false statement
by failing to recite or acknowledge such arrest, informaon, trial, convicon, or dismissal for which the order per-
mied by this paragraph has been entered. The expungement of such records shall not relieve the person of the obli-
gaon to disclose such arrest, informaon, trial, convicon, or dismissal in response to a direct quesonnaire or appli-
caon for a posion as a law enforcement ocer.
District of Columbia Crimes & Penalties—Alcohol Violations, continued
No person under the age of 21 shall be criminally charged with the oense of possession or drinking an alcoholic
beverage under this secon, but shall be subject to civil penales under subsecon (e) of this secon.
Failure to pay the nes set forth in paragraph (1) of this subsecon shall result in imprisonment for a period not ex-
ceeding 30 days.
The Metropolitan Police Department may enforce provisions of this secon by issuing to a person alleged to have vio-
lated this secon a citaon under § 23-1110(b)(1). The person shall not be eligible to forfeit collateral.
Repealed.
In lieu of criminal prosecuon as provided in subsecon (c) of this secon, a person who violates any provision of this
secon shall be subject to the following civil penales:
Upon the rst violaon, a ne of not more than $300 and the suspension of driving privileges in the District for 90
consecuve days;
Upon the second violaon, a ne of not more than $600 and the suspension of driving privileges in the District for
180 days; and
Upon the third or subsequent violaon, a ne of not more than $1,000 and the suspension of driving privileges in
the District for one year.
ABRA inspectors or ocers of the Metropolitan Police Department may enforce the provisions of this subsecon by
issuing a noce of civil infracon for a violaon of subsecons (a) and (b) of this secon in accordance with Chapter 18 of
Title 2. A violaon of this subsecon shall be adjudicated under Chapter 18 of Title 2.
In lieu of or in addion to the civil penales provided under paragraph (1) of this subsecon, as a civil penalty, the
Mayor may require any person who violates any provision of this secon to complete a diversion program authorized and
approved by the Mayor. The Mayor shall determine the content of the diversion program, which may include community
service, and alcohol awareness and educaon.
As a condion to acceptance into a diversion program, the Mayor may request that the person agree to pay the
District, or its agents, a reasonable fee, as established by rule, for the costs to the District of the person’s parcipaon
in the program; provided, that:
The fee shall not unreasonably discourage persons from entering the diversion program; and
The Mayor may reduce or waive the fee if the Mayor nds that the person is indigent.
-
Drinking of alcoholic beverage in public place prohibited; intoxicaon prohibited.
Except as provided in subsecons (b) and (c) of this secon, no person in the District shall drink an alcoholic beverage or
possess in an open container an alcoholic beverage in or upon any of the following places:
A street, alley, park, sidewalk, or parking area;
A vehicle in or upon any street, alley, park, or parking area;
A premises not licensed under this tle where food or nonalcoholic beverages are sold or entertainment is provided for
compensaon;
Any place to which the public is invited and for which a license to sell alcoholic beverages has not been issued under
this tle;
Any place to which the public is invited for which a license to sell alcoholic beverages has been issued under this tle at
a me when the sale of alcoholic beverages on the premises is prohibited by this tle or by the regulaons promulgated
under this tle; or
Any place licensed under a club license at a me when the consumpon of the alcoholic beverages on the premises is
prohibited by this tle or by regulaons promulgated under this tle.
Subsecon (a)(1) of this secon shall not apply if drinking or possession of an alcoholic beverage occurs:
In or on a structure that projects upon the parking, and which is an integral, structural part of a private residence, such
as a front porch, terrace, bay window, or vault, by, or with the permission of, the owner or resident; or
At an event licensed by the Board.
No person, whether in or on public or private property, shall be intoxicated and endanger the safety of himself, herself, or
any other person or property.
Any person violang the provisions of subsecon (a) or (c) of this secon shall be guilty of a misdemeanor and, upon con-
vicon, shall be punished by a ne of not more than the amount set forth in [§ 22-3571.01], or imprisoned for not more than
60 days, or both.
Any person in the District who is intoxicated in public and who is not conducng himself or herself in such manner as to
endanger the safety of himself, herself, or of any other person or of property shall be treated in accordance with Chapter 6 of
Title 24.
District of Columbia Crimes & Penalties—Drug Violations
-
Prohibited acts A; penales
(a) (1) Except as authorized by this chapter or Chapter 16B of Title 7, it is unlawful for any person knowingly or intenonally to
manufacture, distribute, or possess, with intent to manufacture or distribute, a controlled substance.
(2) Any person who violates this subsecon with respect to:
(A) A controlled substance classied in Schedule I or II that is a narcoc or abusive drug shall be imprisoned for not
more than 30 years or ned not more than $500,000, or both;
(B) Any other controlled substance classied in Schedule I, II, or III, except for a narcoc or abusive drug, is guilty of a
crime and upon convicon may be imprisoned for not more than 5 years, ned not more than $50,000, or both; ex-
cept that upon convicon of manufacturing, distribung or possessing with intent to distribute 1/2 pound or less of
marijuana, a person who has not previously been convicted of manufacturing, distribung or possessing with intent
to distribute a controlled substance or aempng to manufacture, distribute, or possess with intent to distribute a
controlled substance may be imprisoned for not more than 180 days or ned not more than $1000 or both;
(C) A substance classied in Schedule IV, is guilty of a crime and upon convicon may be imprisoned for not more
than 3 years, ned not more than $25,000, or both; or
(D) A substance classied in Schedule V, is guilty of a crime and upon convicon may be imprisoned for not more
than one year, ned not more than $10,000, or both.
(b) (1) Except as authorized by this chapter, it is unlawful for any person to create, distribute, or possess with intent to distrib-
ute a counterfeit substance.
(2) Any person who violates this subsecon with respect to:
(A) A counterfeit substance classied in Schedule I or II that is a narcoc or abusive drug shall be imprisoned for not
more than 30 years or ned not more than $500,000, or both;
(B) Any other counterfeit substance classied in Schedule I, II, or III, except for a narcoc or abusive drug, is guilty of
a crime and upon convicon may be imprisoned for not more than 5 years, ned not more than $50,000, or both;
(C) A counterfeit substance classied in Schedule IV, is guilty of a crime and upon convicon may be imprisoned for
not more than 3 years, ned not more than $25,000, or both; or
(D) A counterfeit substance classied in Schedule V, is guilty of a crime and upon convicon may be imprisoned for
not more than 1 year, ned not more than $10,000, or both.
(c) Repealed.
(d) (1) It is unlawful for any person knowingly or intenonally to possess a controlled substance unless the substance was
obtained directly from, or pursuant to, a valid prescripon or order of a praconer while acng in the course of his or
her professional pracce, or except as otherwise authorized by this chapter or Chapter 16B of Title 7. Except as provided
in paragraph (2) of this subsecon, any person who violates this subsecon is guilty of a misdemeanor and upon convic-
on may be imprisoned for not more than 180 days, ned not more than $1,000, or both.
(2) Any person who violates this subsecon by knowingly or intenonally possessing the abusive drug phencyclidine in
liquid form is guilty of a felony and, upon convicon, may be imprisoned for not more than 3 years, ned not more than
$3,000, or both.
(e) (1) If any person who has not previously been convicted of violang any provision of this chapter, or any other law of the
United States or any state relang to narcoc or abusive drugs or depressant or smulant substances is found guilty of a vio-
laon of subsecon (d) of this secon and has not previously been discharged and had the proceedings dismissed pursuant to
this subsecon, the court may, without entering a judgment of guilty and with the consent of such person, defer further pro-
ceedings and place him or her on probaon upon such reasonable condions as it may require and for such period, not to
exceed one year, as the court may prescribe. Upon violaon of a condion of the probaon, the court may enter an adjudica-
on of guilt and proceed as otherwise provided. The court may, in its discreon, dismiss the proceedings against such person
and discharge him or her from probaon before the expiraon of the maximum period prescribed for such person's proba-
on. If during the period of probaon such person does not violate any of the condions of the probaon, then upon expira-
on of such period the court shall discharge such person and dismiss the proceedings against him or her. Discharge and dis-
missal under this subsecon shall be without court adjudicaon of guilt, but a nonpublic record thereof shall be retained sole-
ly for the purpose of use by the courts in determining whether or not, in subsequent proceedings, such person qualies under
this subsecon. Such discharge or dismissal shall not be deemed a convicon for purposes of disqualicaons or disabilies
imposed by law upon convicon of a crime (including the penales prescribed under § 48-904.08 for second or subsequent
convicons) or for any other purpose.
District of Columbia Crimes & Penalties—Drug Violations, continued
(2) Upon the dismissal of such person and discharge of the proceedings against him under paragraph (1) of this subsecon,
such person may apply to the court for an order to expunge from all ocial records (other than the nonpublic records to
be retained under paragraph (1) of this subsecon) all recordaon relang to his or her arrest, indictment or informaon,
trial, nding of guilty, and dismissal and discharge pursuant to this subsecon. If the court determines, aer hearing, that
such person was dismissed and the proceedings against him or her discharged, it shall enter such order. The eect of such
order shall be to restore such person, in the contemplaon of this law, to the status he or she occupied before such arrest
or indictment or informaon. No person as to whom such order has been entered shall be held thereaer under any pro-
vision of any law to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge
such arrest, or indictment, or trial in response to any inquiry made of him or her for any purpose.
(f) The prosecutor may charge any person who violates the provisions of subsecon (a) or (b) of this secon relang to the
distribuon of or possession with intent to distribute a controlled or counterfeit substance with a violaon of subsecon (d)
of this secon if the interests of jusce so dictate.
(g) For the purposes of this secon, “oense” means a prior convicon for a violaon of this secon or a felony that relates to
narcoc or abusive drugs, marijuana, or depressant or smulant drugs, that is rendered by a court of competent jurisdicon
in the United States.
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Prohibited acts C; penales.
It is unlawful for any person knowingly or intenonally:
To distribute as a registrant a controlled substance classied in Schedule I or II, except pursuant to an order form as re-
quired by § 48-903.07;
To use in the course of the manufacture or distribuon of a controlled substance a registraon number which is c-
ous, revoked, suspended, or issued to another person;
To acquire or obtain possession of a controlled substance by misrepresentaon, fraud, forgery, decepon, or subter-
fuge;
To furnish false or fraudulent material informaon in, or omit any material informaon from, any applicaon, report,
or other document required to be kept or led under this chapter, or any record required to be kept by this chapter; or
To make, distribute, or possess any punch, die, plate, stone, or other thing designed to print, imprint, or reproduce the
trademark, trade name, or other idenfying mark, imprint, or device of another or any likeness of any of the foregoing
upon any drug or container or labeling thereof so as to render the drug a counterfeit substance.
Any person who violates this secon is guilty of a crime and upon convicon may be imprisoned for not more than 4
years, ned not more than the amount set forth in § 22-3571.01, or both.
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Distribuon to minors.
Any person who is 21 years of age or over and who violates § 48-904.01(a) by distribung a controlled substance which is
listed in Schedule I or II and which is a narcoc drug, phencyclidine, or a phencyclidine immediate precursor to a person who
is under 18 years of age may be punished by the ne authorized by § 48-904.01(a)(2)(A), by a term of imprisonment of up to
twice that authorized by § 48-904.01(a)(2)(A), or by both.
Any person who is 21 years of age or over and who violates § 48-904.01(a) by distribung for remuneraon any other con-
trolled substance which is listed in Schedule I, II, III, IV, or V, except for phencyclidine or a phencyclidine immediate precursor,
to a person who is under 18 years of age may be punished by the ne authorized by § 48-904.01(a)(2)(B), (C), or (D), respec-
vely, by a term of imprisonment up to twice that authorized by § 48-904.01(a)(2)(B), (C), or (D), respecvely, or both.
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Enlistment of minors to distribute.
Any person who is 21 years of age or over and who enlists, hires, contracts, or encourages any person under 18 years of
age to sell or distribute any controlled substance, in violaon of § 48-904.01(a), for the prot or benet of such person who
enlists, hires, contracts, or encourages this criminal acvity shall be punished for sale or distribuon in the same manner as if
that person directly sold or distributed the controlled substance.
Anyone found guilty of subsecon (a) of this secon shall be subject to the following addional penales:
Upon a rst convicon the party may be imprisoned for not more than 10 years, ned not more than the amount set forth
in § 22-3571.01, or both;
Upon a second or subsequent convicon, the party may be imprisoned for not more than 20 years, ned not more than
the amount set forth in § 22-3571.01, or both.
District of Columbia Crimes & Penalties—Drug Violations, continued
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Drug free zones.
All areas within 1000 feet of an appropriately idened public or private day care center, elementary school, vocaonal
school, secondary school, junior college, college, or university, or any public swimming pool, playground, video arcade, youth
center, or public library, or in and around public housing, as dened in secon 3(1) of the United States Housing Act of 1937,
approved August 22, 1974 (88 Stat. 654; 42 U.S.C. § 1437a(b)), the development or administraon of which is assisted by De-
partment of Housing and Urban Development, or in or around housing that is owned, operated, or nancially assisted by the
District of Columbia Housing Authority, or an event sponsored by any of the above enes shall be declared a drug free zone.
For the purposes of this subsecon, the term “appropriately idened” means that there is a sign that idenes the building
or area as a drug free zone.
Any person who violates § 48-904.01(a) by distribung or possessing with the intent to distribute a controlled substance
which is listed in Schedule I, II, III, IV, or V within a drug free zone shall be punished by a ne up to twice that otherwise au-
thorized by this chapter to be imposed, by a term of imprisonment up to twice that otherwise imposed, or both.
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Second or subsequent oenses.
Any person convicted under this chapter of a second or subsequent oense may be imprisoned for a term up to twice the
term otherwise authorized, ned an amount up to twice that otherwise authorized, or both.
For purposes of this secon, an oense is considered a second or subsequent oense if, prior to commission of the
oense, the oender has at any me been convicted under this chapter or under any statute of the United States or of any
state relang to a controlled substance.
A person who is convicted of violang § 48-904.06 may be sentenced according to the provisions of § 48-904.06 or accord-
ing to the provisions of this secon, but not both.
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Possession of drug paraphernalia.
Whoever, except for a physician, denst, chiropodist, or veterinarian licensed in the District of Columbia or a state, registered
nurse, registered embalmer, manufacturer or dealer in embalming supplies, wholesale druggist, industrial user, ocial of any
government having possession of the proscribed arcles by reason of his or her ocial dues, nurse or medical laboratory
technician acng under the direcon of a physician or denst, employees of a hospital or medical facility acng under the
direcon of its superintendent or ocer in immediate charge, person engaged in chemical, clinical, pharmaceucal or other
scienc research, acng in the course of their professional dues, has in his or her possession a hypodermic needle, hypo-
dermic syringe, or other instrument that has on or in it any quanty (including a trace) of a controlled substance with intent
to use it for administraon of a controlled substance by subcutaneous injecon in a human being shall be ned not more
than the amount set forth in § 22-3571.01 or imprisoned for not more than 180 days, or both.
District of Columbia Crimes & Penalties—Drug Violations, continued
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Denions.
For purposes of this subchapter, the term:
Blunt wrap” means any product that is manufactured for encasing, wrapping, or rolling materials of any kind for purposes
of smoking, if such product is designed to be lled by the consumer and is:
Made wholly or in part of tobacco; or
Made of paper or any other material that does not contain tobacco, and is:
Intended, when lled by the consumer, to produce a nished wrap that measures more than 120 millimeters on its
longest side; or
Sold as a pre-rolled hollow cone, the circumference of which is not equal at both ends.
“Controlled substance” has the same meaning as that provided in § 48-901.02(4).
“Court” means the Superior Court of the District of Columbia and the District of Columbia Court of Appeals.
“Drug paraphernalia” means:
Kits or other objects used, intended for use, or designed for use in planng, propagang, culvang, growing, or har-
vesng of any species of plant which is a controlled substance or from which a controlled substance can be derived;
Kits or other objects used, intended for use, or designed for use in manufacturing, compounding, converng, produc-
ing, processing, or preparing a controlled substance;
Isomerizaon devices or other objects used, intended for use, or designed for use in increasing the potency of any
species of plant which is a controlled substance;
Tesng equipment or other objects used, intended for use, or designed for use in idenfying or analyzing the
strength, eecveness, or purity of a controlled substance;
Scales and balances or other objects used, intended for use, or designed for use in weighing or measuring a controlled
substance;
Diluents and adulterants, including, but not limited to: quinine, hydrochloride, mannitol, mannite, dextrose, and lac-
tose, used, intended for use, or designed for use in cung a controlled substance;
Separaon gins and siers or other objects used, intended for use, or designed for use in removing twigs and seeds
from, or in otherwise cleaning or rening, Cannabis or any other controlled substance;
Blenders, bowls, containers, spoons, and other mixing devices used, intended for use, or designed for use in com-
pounding a controlled substance;
Capsules, balloons, envelopes, glassy plasc bags, or zip-lock bags that measure 1 inch by 1 inch or less, and other con-
tainers used, intended for use, or designed for use in packaging small quanes of a controlled substance;
Containers and other objects used, intended for use, or designed for use in storing or concealing a controlled sub-
stance;
Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecng a
controlled substance into the human body; and
Objects used, intended for use, or designed for use in ingesng, inhaling, or otherwise introducing Cannabis, cocaine,
hashish, hashish oil, or any other controlled substance into the human body, including, but not limited to:
Metal, wooden, acrylic, glass, stone, plasc, or ceramic pipes with or without screens, permanent screens, hashish
heads, or punctured metal bowls;
Water pipes;
Carbureon tubes and devices;
Smoking and carbureon masks;
Roach clips;
Miniature spoons with level capacies of one-tenth cubic cenmeter or less;
Chamber pipes;
Carburetor pipes;
Electric pipes;
Air-driven pipes;
Bongs;
Ice pipes or chillers;
Wired cigaree papers;
Cocaine freebase kits; or
Cigaree rolling paper or cigar wrappers sold at a commercial retail or wholesale establishment, which does not
derive at least 25% of its total annual revenue from the sale of tobacco products and which does not sell loose tobac-
co intended to be rolled into cigarees and cigars.
The term “drug paraphernalia” shall not include any arcle that is 50 years of age or older.
District of Columbia Crimes & Penalties—Drug Violations, continued
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Factors to be considered in determining whether object is paraphernalia.
In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addion to all other
logically and legally relevant factors, the following factors:
Statements by an owner or by anyone in control of the object concerning its use;
The proximity of the object, in me and space, to a violaon of § 48-1103(a) or to a controlled substance;
The existence of any residue of a controlled substance on the object;
Direct or circumstanal evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons
whom he or she knows, or should reasonably know, intends to use the object to facilitate a violaon of § 48-1103(a); the inno-
cence of an owner, or of anyone in control of the object, as to a violaon of § 48-1103(a) shall not prevent a nding that the
object is intended for use, or designed for use as drug paraphernalia;
Instrucons, oral or wrien, provided with the object concerning its use;
Descripve materials accompanying the object which explain or depict its use;
Naonal and local adversing concerning the use of the object;
The size or packaging of the object, or the manner in which it is displayed;
Whether the owner, or anyone in control of the object, is a legimate supplier of like or related items to the communi-
ty, including, but not limited to, a licensed distributor or dealer of tobacco products;
Direct or circumstanal evidence of the rao of sales of the object or objects to the total sales of the business enter-
prise;
The existence and scope of legimate uses for the object in the community; and
Expert tesmony concerning its use.
Where the alleged violaon of the act occurred at a commercial retail or wholesale establishment, the court or other au-
thority may infer, based upon consideraon of the factors in subsecon (a) of this secon, that the following items are drug
paraphernalia:
Glassy plasc bags or zip-lock bags that measure 1 inch by 1 inch or less; or
Metal, wooden, acrylic, glass, stone, plasc, or ceramic pipes, with or without screens, permanent screens, hashish
heads, or punctuated metal bowls.
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Prohibited acts.
Except as authorized by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person to use, or to possess with
intent to use, drug paraphernalia to plant, propagate, culvate, grow, harvest, manufacture, compound, convert, produce, pro-
cess, prepare, test, analyze, pack, repack, store, contain, conceal, inhale, ingest, or otherwise introduce into the human body a
controlled substance; except that it shall be lawful for any person 21 years of age or older to use, or possess with intent to use,
drug paraphernalia to possess or use marijuana if such possession or use is lawful under § 48-904.01(a), or to use, or possess with
intent to u se, drug paraphernalia to grow, possess, harvest, or process cannabis plants, the growth, possession, harvesng or
processing of which is lawful under § 48-904.01(a).
Notwithstanding paragraph (1) of this subsecon, it shall not be unlawful for a person to use, or possess with the
intent to use, the materials described in § 48-1101(3)(D) for the purpose of tesng personal use quanes of a controlled
substance.
For the purposes of this paragraph, the term "personal use quanes" means possession of a controlled substance
in circumstances where there is no other evidence of an intent to distribute, or to facilitate the manufacturing, com-
pounding, processing, delivering, imporng, or exporng of any controlled substance.
Whoever violates this subsecon shall be imprisoned for not more than 30 days or ned not more than the amount set
forth in § 22-3571.01, or both.
District of Columbia Crimes & Penalties—Drug Violations, continued
Except as authorized by Chapter 16B of Title 7 [§ 7-1671.01 et seq.], it is unlawful for any person to deliver or sell, possess
with intent to deliver or sell, or manufacture with intent to deliver or sell drug paraphernalia, knowingly, or under circumstances
where one reasonably should know, that it will be used to plant, propagate, culvate, grow, harvest, manufacture, compound,
convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise intro-
duce into the human body a controlled substance; except that it shall be lawful for any person to deliver or sell, possess with in-
tent to deliver or sell, or manufacture with intent to deliver or sell, drug paraphernalia under circumstances in which one knows
or has reason to know that such drug paraphernalia will be used solely for use of marijuana that is lawful under § 48-904.01(a), or
that such drug paraphernalia will be used solely for growing, possession, harvesng, or processing of cannabis plants that is lawful
under § 48-904.01(a).
Notwithstanding paragraph (1) of this subsecon, it shall not be unlawful for a community-based organizaon, as that
term is dened in § 7-404(a)(1), to deliver or sell, or possess with intent to deliver or sell, the materials described in § 48-1101
(3)(D).
Whoever violates this subsecon shall be imprisoned for not more than 6 months or ned not more than the amount set
forth in § 22-3571.01, or both, unless the violaon occurs aer the person has been convicted in the District of Columbia of a
violaon of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or ned not more than
the amount set forth in § 22-3571.01, or both.
Any person 18 years of age or over who violates subsecon (b) of this secon by delivering drug paraphernalia to a person
under 18 years of age who is at least 3 years his or her junior is guilty of a special oense and upon convicon may be impris-
oned for not more than 8 years, ned not more than the amount set forth in § 22-3571.01, or both.
Where the violaon of the secon involves the selling of drug paraphernalia by a commercial retail or wholesale establish-
ment, the court shall revoke the license of any licensee convicted of a violaon of this secon and the cercate of occupancy
for the premises.
Except as provided in paragraphs (2), (3), and (3A) of this subsecon, it is unlawful to sell the following products in the
District of Columbia:
Cocaine free base kits;
Glass or ceramic tubes less than 6 inches in length and 1 inch in diameter sold or possessed with or without any
screen-like device;
Cigaree rolling papers; and
Cigar wrappers, including blunt wraps.
A commercial retail or wholesale establishment may sell cigaree rolling papers if the establishment:
Derives at least 25% of its total annual revenue from the sale of tobacco products; and
Sells loose tobacco intended to be rolled into cigarees or cigars.
A wholesaler may sell cigaree rolling papers to retail establishments described in paragraph (2) of this subsecon.
A culvaon center or dispensary may sell cigaree rolling papers in accordance with Chapter 16B of Title 7 [§ 7-
1671.01 et seq.].
A person who violates this subsecon shall be imprisoned for not more than 180 days or ned not more than the amount
set forth in § 22-3571.01, or both, unless the violaon occurs aer the person has been convicted in the District of Columbia
of a violaon of this subchapter, in which case the person shall be imprisoned for not more than 2 years, or ned not more
than the amount set forth in § 22-3571.01, or both.
