What needs to be reported
Although every institution wants its campus community to report criminal incidents to law enforcement, we know that this does not always happen. Even at institutions with a police department on campus, a student who is the victim of a crime may be more inclined to report it to someone other than the campus police. For this reason, the Clery Act requires all institutions to collect crime reports from a variety of individuals and organizations that Clery considers to be "campus security authorities." If a campus security authority receives the crime information and believes it was provided in good faith, he or she should document it as a crime report. What do you as CSA’s need to report? They need to report Clery reportable crimes that occur in Clery reportable geographical areas. A list of Clery reportable crimes and an explanation of each crime is listed below.
Clery Crimes
The definitions of these crimes are taken from the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting Handbook (UCR) as required by the Clery Act.
Murder and Non-negligent Manslaughter – The willful (non-negligent) killing of one human being by another.
Negligent Manslaughter – The killing of another person through gross negligence.
Sexual Assault – An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting (UCR) programs. Per the National Incident-Based Reporting Systems User Manual from the FBI UCR Programs, a sex offense is “any sexual act directed against another person, without the 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
Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent
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
Dating violence - Violence committed by a person - who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be on the reporting party’s statement and with consideration of the length of the relationship, the type of
Domestic violence –A felony or misdemeanor 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 under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of jurisdiction in which the crime of violence occurred.
Stalking - Engaging in a course of conduct directed at a specific person that would cause a reasonable person to – fear for
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 is usually 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 and probably would result in serious personal injury if the crime were successfully completed. Aggravated assault includes poisoning (date rape drug, etc.)
Burglary – The unlawful entry of a structure to commit a felony or a theft. For reporting
Motor Vehicle Theft – The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding.)
Arson – Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc..
Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of
Bias
Race: A preformed negative attitude toward a group of persons who possess common physical characteristics such as
Gender: A preformed negative opinion or attitude toward a group of persons because those persons are either male or female. (Gender bias is a Clery Act specific term that is not found in the FBI's Hate Crime Data Collection Guidelines).
Gender identity: A preformed negative opinion or attitude toward a group of persons because those persons are of or relating to a person who identifies as a different gender from their gender as assigned at birth.
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 existence or nonexistence of a supreme being.
Sexual orientation: A preformed negative opinion or attitude toward a group of persons based on their sexual attraction toward, and responsiveness to, members of their own sex or members of the opposite sex.
Ethnicity: A preformed negative opinion or attitude toward a group of persons of the same race who share common or similar traits, languages, customs, and traditions.
National origin: A preformed negative opinion or attitude toward a group of persons of the same national origin.
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. (Currently, this crime category only applies to hate crimes.)
Larceny-Theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. (Currently, this crime category only applies to hate crimes.)
Destruction/Damage/Vandalism of property- To willfully or maliciously destroy, damage,
Intimidation - To unlawfully place another person in reasonable fear of 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. (Currently, this crime category only applies to hate crimes.)
The Clery Act also requires disclosure of statistics for liquor law violations, drug law violations, and weapons possession. Reports of these violations are made
Liquor Law Violation – The violation of state
Drug Law Violation – The violations 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 unlawful possession, sale, use, growing, manufacturing and making of narcotic drugs.
Weapon Law Violation – 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
ReferralsDisciplinary Referrals –The referral of any person to any campus official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.
Liquor Law Violation – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence.
Drug Law Violation – Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include; opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadone(s); and dangerous non-narcotic drugs (barbiturates, Benzedrine).
Weapon Law Violation – 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. This classification encompasses weapons offenses that are regulatory in nature. Included in this classification is the manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc., of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.
These offenses must be reported according to their occurrence in the following Clery locations, or geographic categories:
Campus – (i) any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the institution in direct support of, or in a manner related to, the institution's educational purposes, including residence halls; and (ii) any building or property that is within or reasonably contiguous to the area identified in paragraph (i) of this definition, that is owned by the institution but controlled by another person, is frequently used by students and supports institutional purposes (such as a food or other retail vendor).
Non-Campus/ Affiliated – (i) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or (ii) any building or property owned or controlled by an institution that is used in direct support of, or in relation to the institution's educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
Public Property –"public property" is defined by the Clery Act regulations as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the campus, or immediately adjacent to and accessible from the campus. Include the sidewalk across the street from your campus, but do not include public property beyond the sidewalk.
