The Jeanne Clery Disclosure of Campus Security Policy & Campus Crime Statistics Act of 1990

Criminal offenses, including:

• Criminal Homicide
  • Murder & non-negligent manslaughter
  • Manslaughter by negligence
• Sexual Assault
  • Rape
  • Fondling
  • Incest
  • Statutory Rape
• Robbery
• Aggravated Assault
• Burglary
• Motor Vehicle Theft
• Arson

Hate Crimes
Any of the above-mentioned, offenses and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism or property that were motivated by bias

Arrests & Referrals for Disciplinary Action, including:

• Arrests for weapons law violations, drug abuse violations, and regular liquor law violations.
• Referrals to the Office of Student Conduct for weapons law violations, drug abuse violations, and liquor law violations.

VAWA Offenses

• Dating Violence
• Domestic Violence
• Stalking

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• Murder/Non-Negligent Manslaughter: The willful (non-negligent) killing of one human being by another.
• Manslaughter by Negligence: The killing of another person through gross negligence.
• Sexual Assault (Sex Offense): 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 sex organ of another person, without the consent of the victim.
  • 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 is usually accompanied by the use of a weapon or means likely to produce death or great bodily harm.
• Burglary: The unlawful entry of a structure to commit a felony or a theft.
• Motor Vehicle Theft: The theft or attempted theft of a motor vehicle.
• Arson: 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 or another, etc.
• Hate Crimes: Any of the above-mentioned, offenses and any incidents of larceny-theft, simple assault, intimidation, or destruction/damage/vandalism or property that were motivated by bias
• Arrests & Referrals for Disciplinary Action, including:
  • Arrests for weapons law violations, drug abuse violations, and regular liquor law violations.
  • Referrals to the Office of Student Conduct for weapons law violations, drug abuse violations, and liquor law violations.

• VAWA Offenses
  • 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.
  • 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 the 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 the person’s safety or the safety of others or suffer substantial emotional distress.

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Crimes that occur on campus and within university owned/controlled buildings are to be reported under the Clery Act. The university is required to record crimes at university non-campus facilities, like remote classrooms and administrative offices. Which locations qualify for reporting is very specific to our school; if you are unsure if a location qualifies, you should contact campus law enforcement or the director of Title IX and Clery Compliance.

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Under the Clery Act, any time a crime has or is occurring that poses a serious or ongoing threat to the campus community, the university must provide notice to the campus community in a way that is likely to reach all students and employees. After receiving information of a possible threatening situation or crime on campus ( to include incidents of domestic violence, dating violence, sexual assault or stalking), the university is required to assess the risk to public safety and determine the necessity of issuing a notice to the campus community. A decision not to provide notice is reviewable under the Clery Act by the U.S. Department of Education.

The university will provide the campus community with a Timely Warning when crimes occur on campus that represent a serious and continuing threat. The objective is to provide information, in a timely manner, so that students, employees and guests/vendors on campus can take appropriate action to protect themselves and those around them.

Upon confirmation, the university will provide an Emergency Notification to the campus community when a significant emergency or dangerous situation has, or is, occurring on campus and is an immediate threat to the health or safety of students and employees. Examples of an Emergency Notification: active shooter, gas leak, building fire, outbreak of serious illness and extreme weather conditions.

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To comply with the Clery Act, the university is required to explain policies and procedures regarding the handling and adjudication of dating violence, domestic violence, sexual assault or stalking cases. This includes to whom a student or employee may report such an incident and what possible sanctions may be imposed as a result. The university must also provide a list of available resources (such as available medical care, mental health resources and other support options either on campus or within the local community) to victims. We also must provide information regarding a student’s or employee’s right to request reasonable accommodations on campus in the wake of sexual violence. Such an accommodation includes changing housing or an academic or work schedule to avoid seeing the accused. Students also have several rights during campus disciplinary proceedings, such as being informed at every stage of the process, having the same rights as the accused to have an advisor present, to appeal a final decision and to receive a final decision in writing at the same time as the accused.

The Clery Act requires reported crime statistics to protect a student and employee’s confidentiality while alerting the public to possible safety risks or incidents on campus. We have an obligation to inform victims about rights regarding to whom they can formally report sexual misconduct if they wish a criminal prosecution, to facilitate that process if desired and to let them know they have a right not to file a criminal report and yet still receive support from the university.

Finally, both Title IX and the Clery Act protects against retaliation. The university cannot intimidate, threaten, coerce or discriminate against a student or employee for filing a complaint or participating in the investigation and/or adjudication process.  

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