Clery Crimes
Campus Security Authorities (CSAs) must use the below definitions of criminal offenses when classifying and reporting such crimes pursuant to the Clery Act to the Clery compliance director or designee.
Criminal Offenses
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.
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 their age or because of their 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.
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.
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.
The unlawful entry of a structure to commit a felony or theft.
The theft or attempted theft of a motor vehicle.
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
A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
Is a preformed negative opinion or attitude toward a group of persons based on their race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, or disability.
The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.
Only included in Clery Act statistics if it is a hate crime.
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.
Only included in Clery Act statistics if it is a hate crime.
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.
Only included in Clery Act statistics if it is a hate crime.
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.
Only included in Clery Act statistics if it is a hate crime.
Violence Against Women Act (VAWA) Offenses
Violence committed by a person who is or had been in a social relationship of a romantic or intimate nature with the victim.
A crime of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, or a person similarly situated to a spouse of the victim.
Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.
Arrests and Disciplinary Referrals for Violations of Weapons, Drug Abuse, and Liquor Laws
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.
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.
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.
These definitions are based on those 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.
