Clery Act Crime Definitions

Arrests and Referrals for Disciplinary Action: Under the Clery Act institutions must also report arrests and referrals for disciplinary action for liquor law violations, drug abuse violations, and weapon law violations.

Aggravated Assault

The 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.

Arrest

For Clery Act purposes, arrest is defined as persons processed by arrest, citation or summons.

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.

Burglary

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

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 determined based on a consideration of the following factors:

• The length of the relationship;
• The type of relationship; and
• The frequency of interaction between the persons involved in the relationship.

Domestic Violence

A felony or misdemeanor 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,
• 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.

Drug Law Violations

These are 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 and the arrests for violations of state and local laws,
specifically those relating to the unlawful possession, sale, use, growing, manufacturing and making of
narcotic drugs.

Illegal Weapons Possession

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.

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. Included in this classification are:

• the manufacture, sale, transporting, furnishing, possessing, etc., of intoxicating liquor;
• maintaining unlawful drinking places;
• bootlegging;
• operating a still;
• furnishing liquor to a minor or intemperate person;
• underage possession;
• using a vehicle for illegal transportation of liquor;
• drinking on train or public conveyance;
• and attempts to commit any of the above.

Murder and Non-Negligent Manslaughter

The willful (non-negligent) killing of one human being by another.

Motor Vehicle Theft

The unlawful taking or attempted taking of a motor vehicle absent owners consent.

Negligent Manslaughter

The killing of another person through gross negligence (blatant disregard for others' safety and wellbeing) 

Non-Campus Building or Property

Any building or property owned or controlled by a student organization that is officially recognized by the institution; or 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.

On Campus Building or Property

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 any building or property that is within or reasonably contiguous to paragraph (1) 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).

On Public Property

All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Referred for Disciplinary Action

Referred for Disciplinary Action is defined as the referral of any person to any official who initiates a disciplinary action of which a record is kept and which may result in the imposition of a sanction.

Referred in Lieu of Arrest

Referred in Lieu of Arrest is defined as a situation where circumstances would not permit a criminal arrest so the student is referred to the campus discipline system.

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.

Stalking

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

Course of conduct: Two or more acts, including, but not limited to, acts in which the stalker directly,
indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes,
surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

Reasonable person

A reasonable person under similar circumstances and with similar identities to the
victim.

Substantial emotional distress

Significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

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.

Sexual Assault (Sex Offenses)

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

Statutory Rape

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

Incest

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

Hate Crime

A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Hate crime categories include disability, ethnicity, gender, gender identity, race, religion, national origin, and sexual orientation.