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Clery Crimes

CRIME DEFINITIONS UNDER CLERY

Campus Security Authorities (CSAs) must use the below summarized definitions of criminal offenses when classifying and reporting such crimes pursuant to the Jeanne Clery Act (“Clery Crimes”) to the Clery Director.

CRIMINAL OFFENSES

34 CFR 668.46 (c)(7)

CRIME

DEFINITION

Criminal Homicide

Murder and Non-negligent manslaughter:  The willful killing of one human being by another.

Manslaughter by Negligence:  The killing of another person through gross negligence.

Sexual Assault

Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.

Rape:  The penetration, no matter how slight, of the vagina or anus, with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim.  This offense includes the rape of both males and females.

Fondling:  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.

Incest:  Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.

Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent.

Robbery

The taking or attempting to take anything of value from the care, custody or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.

Aggravated Assault

An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.  This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.

Burglary

The unlawful entry of a structure to commit a felony or theft.

Motor Vehicle Theft

The theft or attempted theft of a motor vehicle.

Arson

Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle, aircraft or personal property of another.

 

HATE CRIMES

34 CFR 668.46(c)(4)

A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.

Bias

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Is a preformed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation or ethnicity/national origin.

Race

A preformed negative attitude toward a group of persons who possess common physical characteristics, e.g., color of skin, eyes, and/or hair; facial features, etc., genetically transmitted by descent and heredity which distinguish them as a distinct division of humankind, e.g., Asians, blacks or African Americans, whites.

Religion

A preformed negative opinion or attitude toward a group of persons who share the same religious beliefs regarding the origin and purpose of the universe and the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.

Sexual Orientation

A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation.

Gender

A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.

Gender Identity

A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.

Ethnicity

A preformed negative opinion or attitude toward a group of people who members identify with each other, through common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.

National Origin

A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.

Disability

A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by hereditary, accident, injury, advanced age or illness.

In addition to criminal offenses, the following crimes are included in Clery Act statistics only if they are Hate Crimes.

CRIME

DEFINITION

Larceny-Theft

The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.

Simple Assault

An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.

Intimidation

To unlawfully place another person in reasonable fear or bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.

Destruction/Damage/ Vandalism of Property

To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

 

VIOLENCE AGAINIST WOMEN ACT (VAWA) OFFENSES

34 CFR 668.46(c)(1)(iv)

CRIME

DEFINITION

Dating Violence

Violence committed by a person who is or had been in a social relationship of a romantic or intimate nature with the victim. 

Domestic Violence

A crime of violence committed by a current or former spouse or intimate partner of the victim; by a person with whom the victim shares a child in common; by a person who is cohabitating with, or has cohabitated with the victim as a spouse or intimate partner; by a person similarly situated to a spouse of the victim.

Stalking

Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others; or suffer substantial emotional distress.

 

ARRESTS AND DISCIPLINARY REFERRALS FOR VIOLATIONS OF WEAPONS, DRUG ABUSE AND LIQUOR LAWS

34 CFR 668.46(c)(1)(ii)

Weapons Violations

The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons.

Drug Abuse Violations

The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use.  The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance.  Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.

Liquor Law Violations

The violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession or use of alcoholic beverages, not including driving under the influence and drunkenness.

     

SOURCE: The definitions contained herein are based on the definitions provided in Chapter 3 of The Handbook for Campus Safety and Security Reporting (the “Clery Handbook”) published by the U.S. Department of Education, Office of Postsecondary Education, Washington, D.C., June 2016, and is available on the Department’s website at: http://www.ed.gov/admins/lead/safety/campus.html