Although every institution wants its campus community to report criminal incidents to law enforcement, we know that this doesn’t 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. .
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.
Sex Offense – Any sexual act directed against another person, forcibly and/or against that person's will; or not forcibly or against the person's will where the victim is incapable of giving consent. Includes attempts.
Sexual intercourse (penetration- however slight) The carnal knowledge of a person, forcibly and/or against the person's
will; or forcibly or against the person's will where the victim is incapable of giving consent because of his/her temporary or
permanent mental or physical incapacity (or because of his/her youth).
Sodomy (penetration- however slight) Oral or anal sexual intercourse with another person, forcibly and/or against the
person's will; or against the person's will where the victim is incapable of giving consent because of his/her youth or because
of his/her temporary or permanent mental or physical incapacity.
Rape with a foreign object (penetration vaginal or anal- however slight) -The use of an object or instrument to unlawfully
penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person's
will; or not forcibly or against the person's will where the victim is incapable of giving consent because of his/her youth or
because of his/her temporary or permanent mental or physical incapacity.
Forcible Fondling - The touching of the private body parts of another person for the purpose of sexual gratification,
forcibly and/or against that person's will; or, not forcibly or against the person's will where the victim is incapable of
giving consent because of his/her youth or because of his/her temporary or permanent mental or physical incapacity.
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. (Includes attempts)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 for an injury to result when a gun, knife or other weapon is used in the commission of the crime. (Includes attempts)
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. |
Domestic Violence - The term “domestic violence” includes felony or misdemeanor crimes of violence committed by:
a current or former spouse 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
by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction
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
Dating Violence -The term “dating violence” means 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 determined based on a consideration of the following factors:
The length of the relationship.
The type of the relationship.
The frequency of interaction between the persons involved in the relationship.
Stalking - The term “stalking” means engaging in a course of conduct; directed at a specific person that would cause a
reasonable person to:
fear for his or her safety or the safety of others; or
Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (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. (Currently, this crime category only applies to hate crimes.)
Vandalism - To willfully or maliciously destroy, injure, disfigure, or deface any public or private property, real or personal, without the consent of the owner or person having custody or control by cutting, tearing, breaking, marking, painting, drawing, covering with filth, or any other such means as may be specified by local law. (Currently, this crime category only applies to hate crimes.)
Intimidation - To intentionally say or do something which would cause a person of ordinary sensibilities to be fearful of bodily harm. (Currently, this crime category only applies to hate crimes.)
Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race; religion; gender; sexual orientation; national origin/ethnicity ,religion, gender identity, or physical/mental disabilities. This includes murder and nonnegligent manslaughter, negligent manslaughter, sex offenses, nonforcible sex offenses, robbery, aggravated assault, burglary, motor vehicle theft, arson, and also larceny-theft, simple assault, intimidation, and destruction/damage/ vandalism.
Race: A preformed negative attitude toward a group of persons who possess common physical characteristics such
as color of skin, eyes, and/or hair, facial features genetically transmitted which distinguish them as a distinct division
of humankind, e.g., Asians, blacks, whites.
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, e.g., Catholics,
Jews, Protestants, Muslims, atheists, etc.
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, e.g., gays,
Ethnicity/national origin: A preformed negative opinion or attitude toward a group of persons of the same race
or national origin who share common or similar traits, languages, customs, and traditions, e.g., Arabs, Hispanics.
Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental
impairment/challenges whether such disability is temporary or permanent, congenital or acquired by heredity, accident,
injury, advanced age or illness.
Disciplinary Referrals – incidents in which a student was not arrested but was referred for campus disciplinary action.
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.