Definitions of the Crime Categories

Murder and Non-Negligent Manslaughter

a. Is defined as the willful (non-negligent) killing of one human by another. ( Count one offense per victim) 

Comments

• Each victim is counted as one incident and includes deaths caused by injuries received in a fight, argument, quarrel or commission of a crime.
• Suicides, traffic fatalities, fetal deaths, situational heart attacks, accidental deaths, assaults, attempts to murder, and justifiable homicide are NOT Clery reportable.

Negligent Manslaughter

a. Is defined as the killing of another person through gross negligence.

Comments

• Each victim is counted as one incident.
• Deaths due to own negligence, accidental deaths not resulting from gross negligence and traffic fatalities are NOT Clery reportable.

Examples of Murder and Non-negligent Manslaughter

b. Scenario 1: A gunman enters a classroom on campus and kills two students and a faculty member before being subdued and arrested. Include three incidents of on-campus Murder and Non-negligent Manslaughter in your crime statistics.

c. Scenario 2: Two groups of students get into an argument in a campus parking lot. Jim punches Joe and causes him to hit his head on a concrete sidewalk, inflicting severe head trauma. Two days later, Joe dies. Include one incident of on-campus Murder and Non-negligent Manslaughter in your crime statistics.

d. Scenario 3: A husband and wife have an argument at a married student housing facility owned by the institution that is five miles from campus, and the wife shoots and kills her husband. Include one incident of noncampus Murder and Non-negligent Manslaughter in your crime statistics. Also include one incident of noncampus Domestic Violence. (Domestic Violence is discussed on pages 3-37 and 3-38.)

e. Scenario 4: A nonstudent is shot and killed during an armed Robbery on a city-owned sidewalk in front of a building on campus. Include one incident of public property Murder and Non-negligent Manslaughter in your crime statistics.

f. Scenario 5: Two students get into an argument at a popular off-campus bar. Bob attacks Brad with a broken bottle and Brad pulls out a gun and kills Bob. Do not include this incident in your Clery Act statistics because the incident occurred at a private facility off campus.

Sex Offenses

a. 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 consent of the victim. (Count one offense per victim)

b. Fondling (sexual battery)

• 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 capacity. (Count one offense per victim)

c. Incent

• Sexual intercourse between people who are related to each other within the degrees wherein marriage is prohibited by law. (Count one offense per victim)

d. Statutory Rape

• Sexual intercourse with a person who is under the statutory age of consent. (Count one offense per victim)
  • 18.2-63 Sex with a minor 13> < 15 years old
  • 18-2-371 Sex with a minor 15>

Comments

• Scenario 1: A female student reports that she was raped by an unidentified male while jogging along a campus trail. Include this as one on-campus Rape.
• Scenario 2: A female student reports that her ex-boyfriend had sex with her in her campus residence hall room while she was unconscious after a night of drinking alcohol. Include this as one Rape in the on-campus category and one Rape in the on-campus student housing facility category. Also include one incident of Dating Violence in both the on-campus and on-campus student housing facility categories (Dating Violence is discussed on pages 3-36 and 3-37).
• Scenario 3: A male student reports that another male student fondled him in a campus building while telling him that he was glad they could finally be alone. Include this as one on-campus Fondling.
• Scenario 4: A female student reports to the campus police that she was raped in her car in a parking lot on her school’s campus by students from another college. Include this as one on-campus Rape.
• Scenario 5: Three female students report that they were each raped by five male students at an off-campus fraternity house owned by a recognized fraternity. Each male raped each of the female students. Include this as three noncampus Rapes.
• Scenario 6: A female student reports that an unknown male attempted to rape her on a city-owned sidewalk outside a classroom building on campus, but that he was frightened away by another pedestrian before completing the attack. Include this as one public property Rape.
• Scenario 7: A woman is walking on a public sidewalk in front of your campus and a man pinches her buttocks as he runs by her. Include this as one public property Fondling only if the victim reports that it was sexual in nature.
• Scenario 8: A female student reports that she has been raped three times since January by someone who lives in the same on-campus student housing facility. All three of the sexual assaults occurred in this housing facility. Include this as three Rapes in both the on-campus category and on-campus student housing facility category.
• Scenario 9: A 21-year-old student has sex with a 15-year-old juvenile in the student’s on-campus apartment. There is no use of force or threat of force (the statutory age of consent is 16). Include this as one Statutory Rape in the on-campus category and one Statutory Rape in the on-campus student housing facility category.
• Scenario 10: Campus police respond to a call from the dean reporting that an unknown man exposed himself to a group of female students on campus. Do not include this incident in your Clery Act statistics as it is not a Clery Act crime.

Robbery

a. Robbery is 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.

There are four categories in analyzing robbery:                                     

1. Robbery with a firearm - use of any firearm as a weapon or employed as a means of force to threaten the victim or put the victim in fear.
2. Robbery with knife or cutting instrument - use of a knife, broken bottle, razor, ice pick or other cutting or stabbing instrument as weapon or as a means of force to threaten the victim or put the victim in fear.
3. Robbery with other dangerous weapon - use of a club, acid, explosive, brass knuckles, mace, pepper spray or other dangerous weapon used or use is threatened.
4. Strong arm - hands, fists, feet, etc. Includes muggings and similar offenses where personal weapons such as hands, arms, feet, fists and teeth are used or use is threatened to deprive victim of possessions.

Comments

• Each offense per distinct operation (incident) including attempts are counted
• Carjacking counts as robbery, not as motor vehicle theft
• Do NOT count number of victims robbed, those present or the number of offenders
• Do NOT count if force or threat of force does not exist such as a pick-pocket or purse snatching
• Robbery is committed in the presence of the victim who is threatened with force or put in fear that force will be used.
• Robbery involves a theft or larceny but is aggravated by the element of force or threat of force.
• Because some type of assault is an element of robbery, do not report an assault as a separate crime as long as it was performed in furtherance of the robbery.

Example of Robbery

• Scenario: Two students returning to campus from a night at a local bar are approached by three armed men on a city sidewalk outside their residence hall and told to hand over their wallets. The students comply, and the three armed men leave without harming the students. Include this as one Robbery on public property.

Aggravated Assault

a. Aggravated Assault is the unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. Usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. 

Examples

1. Assaults or attempts to kill or Murder
2. Poisoning (including date rape drugs)
3. Assault with a dangerous or deadly weapon
4. Maiming
5. Mayhem
6. Assault with explosives
7. Assault with disease such as deliberate attempts to inflict the disease by biting, spitting, etc.

There are four categories of aggravated assault:

1. Aggravated assault with a firearm. When a firearm of any type is used or threatened to be used. It includes revolvers, semi-automatic pistols, shotguns, zip guns, rifles, etc.
2. Aggravated assault with a knife or cutting instrument. When weapons such as knives, razors, hatchets, axes, cleavers, scissors, glass, broken bottles, or ice picks are used to cut or stab objects or used to threaten someone.
3. Aggravated assault with other dangerous weapons. Use or threatened use of any object as a weapon in which serious injury does or could result. Weapons include mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles or other blunt objects to club or beat victims. Also includes explosives, acid, lye, poisoning, scalding and burning.
4. Aggravated assault with hands, fists, feet and teeth. Use of personal weapons (hands, fists, feet, etc.) that result in serious or aggravated injury.

Comments

• Count one offense per victim
• Only count crimes meeting UCR definition
• Count offense per victim even if injury does not result if a weapon is used that could have caused serious injury
• Do NOT count offenses based on local law classification or policy definitions

Factors to consider

• Type of weapon or use of an object
• Intent of the assailant to cause injury
• Seriousness of the injury
• • Serious injuries include broken bones, stitches, internal injury, loss of teeth, severe laceration and loss of consciousness.
  • If the number of persons involved cannot be distinguished from the victims, count the number of persons assaulted as the number of offenses.

Examples of Aggravated Assault

• Scenario 1: Sarah and Anne have a heated argument at a party at a sorority house owned by a recognized sorority located a mile from the campus. Sarah grabs a lacrosse stick and repeatedly beats Anne across the back with it, breaking several ribs. Include this as one Aggravated Assault in the noncampus category.
• Scenario 2: Two students are involved in a fistfight in the laundry room in their on-campus dormitory. Both sustain head injuries and are treated at a hospital. Include this as two Aggravated Assaults in the on-campus category and two Aggravated Assaults in the on-campus student housing facility category.
• Scenario 3: Brad and Tim are involved in a physical altercation in a campus parking lot behind their dormitory. Brad pulls a canister of Mace from his pocket and sprays Tim in the face, causing him severe burning and discomfort. Tim flees the scene and seeks medical attention. Include this as one on-campus Aggravated Assault.
• Scenario 4: Campus police respond to a disturbance call on a public sidewalk in back of the campus and find a fight in progress. Most of the participants escape except for four injured individuals. None of the individuals would cooperate and the campus police could not determine who started the fight. The four individuals suffered from severe knife wounds. Include this as four Aggravated Assaults on public property.
• Scenario 5: A male student slips a date rape drug into a female student’s drink at a noncampus fraternity house. Before he can lure the victim away from her friends, however, someone notices what he had done and summons the police. Count this as one noncampus Aggravated Assault.

Burglary

a. Burglary is unlawful entry of a structure to commit a felony or a theft.  This includes unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned. (Count one offense per each distinct operation)

There are three categories of burglary:

1. Forcible Entry: All offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. Entry through the use of tools; breaking or forcing windows, doors, transom or ventilators; cutting screens, walls or roofs, and if known use of master keys, picks unauthorized keys, celluloid, a mechanical contrivance such as a pass or skeleton key or any device that leaves no outward mark but forces a lock. Include concealment inside a building followed by exiting the structure.
2. Unlawful Entry - No Force: Entry by use of an unlocked door or window. Includes thefts from open garages, open warehouses, open or unlocked dwellings, and open or unlocked common basement areas where entry is someone other than the lawful tenant.
3. Attempted Forcible Entry: Forcible entry is attempted, but not complete

An incident must meet three conditions to be classified as a burglary:

1. There must be evidence of unlawful entry (trespass). Both forcible entry and unlawful entry -- no force is counted.
2. The unlawful entry must occur within a structure, which is defined as having four walls, a roof, and a door.
3. The unlawful entry into a structure must show evidence that the entry was made in order to commit a felony or theft. If the intent was not to commit a felony or theft, or if the intent cannot be determined, the proper classification is Larceny.

The FBI UCR Office has recently clarified what they mean in the “conditions”  1. and 3. above regarding the word “evidence”. They stated that they do NOT mean PHYSICAL EVIDENCE. “EVIDENCE” to the FBI UCR Office means “THE FACTS OF THE CASE”–Agencies are required to consider the facts of the case as described by the victim and the information obtained in the subsequent preliminary investigation or full investigation, if there is one.

Comments

• Count one offense per distinct operation
• Only count crimes meeting UCR definition
  • Count one offense for each residence, dorm room or structure if more than one was entered
• Burglaries in Suites: Each bedroom in a student housing facility suite is considered a separate dwelling. Count the Burglary of four bedrooms and the common room in a suite during a single incident as five burglaries
• Do NOT count more than one offense per academic/ administrative building regardless of the number of classroom or offices entered, unless the offenses are not committed at the same time and place and the time interval and distance between offenses is significant
• Do NOT count offenses based on local law classification or institutional policy definitions

• Were there signs of forcible entry?
• Was the victim’s space (room/office) locked?
• Was the building in a locked or secured mode when the theft occurred?
• Does it appear that someone defeated the locking mechanism or unlawfully used a master key to enter the space?
• In a suite in a residential facility -- how many rooms were entered?
• When is the last time the victim saw the property?
• When did victim notice the property missing?

Examples of Burglary

• Scenario 1: A room in an on-campus dormitory is broken into and a laptop is stolen by a student living down the hall. Because the student unlawfully entered the room, include this as one on-campus Burglary and one on-campus student housing facility Burglary.
• Scenario 2: A student living in an on-campus dormitory invites another student into her room. The invited student takes a ring from the top of a dresser when the owner leaves to use the restroom. Because the perpetrator was invited into the room, there is no element of trespass. Do not include this incident in your Clery Act statistics because it is a Larceny.
• Scenario 3: A perpetrator enters five on-campus dorm rooms without permission on the same night looking to steal money. He takes a wallet from one room, but takes nothing from the other four rooms. Include this as five Burglaries in both the on-campus category and on-campus student housing facility category.
• Scenario 4: Someone enters an unlocked dorm room on campus and steals a student’s wallet. Investigation determines that the student’s roommate did not take the wallet. Because no one else had lawful access to the dorm room at the time the wallet was taken, it had to have been taken by someone who did not have lawful access. Include this as one on-campus Burglary and one on-campus student housing facility Burglary.
• Scenario 5: A patient in a hospital room in an on-campus medical center reports a stolen watch. Police investigate and cannot determine who took the watch. Because there is no evidence that someone unlawfully entered the room to steal the watch, this is a Larceny. Do not include this incident in your Clery Act statistics.
• Scenario 6: A school is bordered by a municipal parking garage that has four walls, a roof and a door. Parking is allowed by permit only. Someone without a permit enters the garage and steals a GPS from a car. Include this as one public property Burglary.
• Scenario 7: A school is bordered by a parking garage that has four walls, a roof and a door. Anyone who pays can park there. Someone enters the garage and steals a GPS from a car. Because the garage has open access there was no element of trespass. Do not include this incident in your Clery Act statistics because it is a Larceny.
• Scenario 8: After his team practice session a member of the football team breaks into the locker of a teammate and takes his wallet. Because a locker is not a structure, this is a Larceny. Do not include this incident in your Clery Act statistics.
• Scenario 9: A member of the football team climbs through an open window in the campus gym after hours and then breaks into a teammate’s locker looking for drugs. He leaves empty-handed. Because the perpetrator trespassed into the gym with the intention of stealing drugs, include this as one on-campus Burglary.
• Scenario 10: A maintenance worker with a work order uses his keys to enter an on-campus office to fix an air conditioner, and while he is there he decides to steal a laptop. This incident is a Larceny because the maintenance worker had a right to be in the office at the time of the theft. Do not include this incident in your Clery Act statistics.
• Scenario 11: A maintenance worker without a work order uses his keys to enter a locked on-campus office to search for something to steal. Include this as one on-campus Burglary because the maintenance worker did not have a right to be in the office at the time of the theft. He unlawfully entered the office with the intent to steal something. (Because the intent was to steal something, it’s a Burglary even if the maintenance worker leaves empty-handed.

Motor Vehicle Theft

a. Motor Vehicle Theft is the theft or attempted theft of a motor vehicle. Motor vehicle theft are counted where automobiles are taken by person not having lawful access even though the vehicle is later abandoned which includes joyriding

There are three classes of motor vehicles:

1. Autos -- sedans, station wagons, coupes, convertibles, sport utility vehicles, minivans, and other similar motor vehicles that serve the primary purpose of transporting people from one place to another. Autos used as taxis and station wagons licensed as trucks must be classified as autos.
2. Trucks -- pickup trucks and cargo vans regardless of their uses. Self-propelled motor home is considered a truck.
3. Buses and other vehicles -- motor vehicles that meet the UCR definition such as snowmobiles, motorcycles, motor scooters, trail bikes, mopeds, golf carts, all-terrain vehicles and motorized wheelchairs.                                          
   

Comments

• Each stolen vehicle is counted
• Stolen vehicles by someone without legal access of consent are counted
• Counts included theft and attempted thefts including joy riding
• Do NOT count thefts from motor vehicles
• Do NOT count embezzlement of vehicles
• Do NOT count farm equipment, bulldozers, airplanes, construction equipment or water crafts such as motorboats, sailboats, house boats, or jet skis
• Do NOT count a taking of a vehicle for temporary use when prior authority had been granted or be assumed such as family situations, or rental car agreements
• If vehicle is stolen in conjunction with another offense, classify the crime using the Hierarchy Rule.
• UCR definitions and not state or local classifications.

Examples of Motor Vehicle Theft

• Scenario 1: A faculty member’s car is reported stolen from a campus parking garage and is later recovered a block off campus. Include one on-campus Motor Vehicle Theft.
• Scenario 2: A car stereo and CDs are reported stolen from a car parked along a city-owned street on campus. Do not include this incident in your Clery Act statistics because it is theft from a motor vehicle, not Motor Vehicle Theft.
• Scenario 3: A student’s car is stolen from a city street outside a classroom five miles from campus. Do not include this incident in your Clery Act

Domestic Violence

a. Domestic Violence is a felony or misdemeanor crime of violence committed

1. By a current or former spouse or intimate partner of the victim,
2. By a person with whom the victim shares a child in common,
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner,
4. By a person similarly situated to a spouse or the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred or,
5. By any other person against an adult or youth victim who is protected from that person’s act under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

b. 16.1-228 Virginia Definition of Family or household member:

1. The person’s spouse, whether or not he or she resides in the same home with the person,
2. The person’s former spouse, whether or not he or she resides in the same home with the person,
3. The person’s parents, stepparents, children, stepchildren, brothers, sisters, half-brothers, half-sisters, grandparents, and grandchildren, regardless of whether such persons reside in the same home with the person,
4. The person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law, brothers-in-law and sisters-in-law who reside in the same home with the person,
5. Any individual who has a child in common with the person, whether or not the person and that individual have been married or have resided together at any time, or
6. Any individual who cohabits or who within the previous 12 months, cohabitated with the person, and any children of either of them then residing in the same home with the person.  

Examples of Domestic Violence

• Scenario 1: A student’s wife is waiting for her husband outside of his on-campus classroom building. She attacks her husband with a knife when he exits the building. Include this as one on-campus incident of Domestic Violence and one on-campus Aggravated Assault.
• Scenario 2: A neighbor reports yelling in the apartment next door in a university housing complex. The officer who arrives at the apartment finds a husband and wife having an argument. Neither party reports any physical injuries and neither party reports being intimidated. Do not include this incident in your Clery Act statistics.
• Scenario 3: An employee reports to the campus police that her ex-husband has physically assaulted her four times. All four assaults occurred at the employee’s private residence; however, he has also recently showed up in the noncampus parking lot outside her office and threatened to hurt her. Include one noncampus Domestic Violence incident for the Intimidation that occurred in the noncampus parking lot. Do not include the Aggravated Assaults in your Clery Act statistics because they did not occur on Clery Act geography. Do not include the Intimidation as a Hate Crime in your Clery Act statistics because there was no evidence that it was motivated by bias. Also include one incident of noncampus Stalking (Stalking is discussed below).
• Scenario 4: A father argues with his son at a football game in the on-campus stadium. He eventually hits his son, breaking his jaw. Include this as one on-campus incident of Domestic Violence and one Aggravated Assault.

Dating Violence

a. Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with a victim

• The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of
  1. Length of the relationship.
  2. Type of relationship.
  3. Frequency of interaction between the person involved in the relationship.
• For purposes of the definition dating violence includes but is not limited to
  
  1. Sexual or physical abuse or the threat of such abuse.
  2. Does NOT include acts covered under the definitions of domestic violence.

• Scenario 1: A female student cuts her ex-boyfriend with a knife during an altercation in an on-campus dining hall. Include this as one incident of on-campus Dating Violence and one on-campus Aggravated Assault.
• Scenario 2: A female student reports that her boyfriend forced her into nonconsensual sex in her on-campus dorm room. Include one Rape in both the on-campus category and the on-campus student housing facility category, and one incident of Dating Violence in both the on-campus category and the on-campus student housing facility category.
• Scenario 3: After a party on campus, John walked back to his apartment in a noncampus housing complex with Matt, whom he has hooked up with a few times over the past month. When they reached John’s apartment, it became clear that Matt was angry that John had been talking with other men at the party, causing Matt to punch two holes in the wall and threaten to beat John if he sees him flirting with any other men on campus. John now fears for his safety around Matt. Include one incident of noncampus Dating Violence for the threat of physical abuse.
• Scenario 4: A dating couple is arguing on a public sidewalk in front of a campus building. The male slaps the female and her face is red. Include this as one public property incident of Dating Violence.

Stalking

a. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:

1. Fear for the person’s safety or the safety of others, or
2. Suffer substantial emotional distress.

b. For the purpose of the Stalking definition:

1. Course of conduct means 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.
2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.

Examples of Stalking

• Scenario 1: A female student reports that she is being followed by a man she met at her job at a café off-campus. He began showing up at the café and would not leave her alone. Since then she has also noticed him following her around campus and she fears for her safety. Include this as one incident of Stalking on-campus since the first occurrence on Clery Act geography occurred when the victim noticed the perpetrator following her on-campus.
• Scenario 2: Several students belonging to the university association of Hispanic students have reported being watched or followed by the same unknown man on various parts of campus. All of the students reported fearing for their safety as a result of his behavior but none of the students saw the man more than once. Do not include this as Stalking in your Clery Act statistics because, given that the man has never approached the same student more than once, the course of conduct was not directed at a single individual,
• Scenario 3: A female student reported that she is afraid for her safety because her ex-boyfriend has been sending harassing emails to her private email account over the past several weeks. She opened the first five emails in her off-campus apartment. However, earlier that day she opened another email on her mobile phone while walking on campus. She came directly to the Campus Police to report the behavior. The location of the ex-boyfriend when he was sending the harassing messages is unknown. Include this as one on-campus Stalking because the first incident in the course of conduct to occur on Clery Act geography was the victim reading the email on-campus.
• Scenario 4: A male student reports that his ex-girlfriend has been sending him harassing text messages. The ex-girlfriend attends another university 200 miles away. While at home over summer break, the ex-girlfriend showed up at the student’s house every day asking if he has a new girlfriend at school. Now that he has returned to school, she sends him daily text messages threatening to “check-in” on him on-campus. The ex-girlfriend sends these text messages late at night and the victim receives them when he is inside his on-campus dorm room. Include one incident of Stalking in both the on-campus category and in the on-campus student housing facility category if the male student fears for his safety as a result of this behavior.
• Scenario 5: A male student reported a Stalking course of conduct to Campus Police during the spring semester. During the investigation, Campus Police established that the first incident in the Stalking course of conduct to occur on Clery Act geography took place on public property. When the student returned to campus for the fall semester, the Stalking continued when the perpetrator repeatedly waited for the victim in the hallway outside the victim’s dorm room in an on-campus student housing facility. Since the spring and fall Stalking incidents involved the same victim and the same perpetrator, the fall incidents should be considered a continuation of the Stalking course of conduct that started in the spring. Include this as one Stalking incident on public property.

Arson

a. Arson is willful or malicious burning or the attempt to burn with or without intent to defraud a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.

There are three categories of arson:

1. Structural - houses, townhouses, duplexes, apartments, hotels, inns, dormitories, barns, garages, warehouse stores, restaurants, offices, churches, jails, schools, monuments, buildings under construction
2. Mobile - cars, trucks, buses, motorcycles, trailers, planes, boats
3. Other - crops, timber, fences, signs, merchandise stored outside a structure

Comments

• One offense for each distinct arson operation originating within the reporting jurisdiction is counted.
• Count only if investigated. This is the only Clery Act offense that requires an investigation prior to including in statistics.
• Because the Clery Act requires institutions to disclose all arsons that occur on their Clery geography, you must have every fire that is not known to be accidental (such as a cooking fire) investigated.
• For multiple offenses, one of which is arson, report the arson and apply the Hierarchy Rule to determine the most serious offense to report.
• Count any fire that investigation determines to meet the UCR definition of arson regardless of the value of the property damage.
• Count incidents where an individual willfully or maliciously burns his or her own property.
• The fire must be more than suspicious or of an unknown nature of origin.
• An arson determination must be made by either a fire authority or by another individual experienced in arson investigation. The latter includes someone at your institution who has received training in arson investigation by a fire authority.

Examples of Arson

• Scenario 1: A student is killed by what an investigation determines was a deliberately set fire in his campus residence hall room. Include this as one Murder and Non-negligent Manslaughter and one Arson in the on-campus category and one Murder and Non-negligent Manslaughter and one Arson in the on-campus student housing facility category.
• Scenario 2: A suspicious fire is reported in a campus academic building, but fire authorities cannot determine if it was intentionally set. Do not include this incident as Arson in your Clery Act statistics.
• Scenario 3: A resident of a noncampus Greek house sets fire to his couch on the lawn in front of the house in celebration of a school football victory. Investigators determine that the incident was Arson. Include this as one Arson in the noncampus category.
• Scenario 4: A fire is reported in a campus dormitory. Ten students are killed as a direct result of the flames and asphyxiation. Two more students die from internal injuries when they attempt to jump to safety. Six people are hospitalized with second- and third-degree burns. Investigation determines that the fire was intentional. Include this as one Arson in the on-campus category and the on-campus student housing facility category and 12 Murder and Non-negligent Manslaughters and six Aggravated Assaults in the on-campus category and the on-campus student housing facility category. This Arson, along with the resulting deaths and injuries, must also be included in your fire statistics described in Chapters 12 and 13.
• Scenario 5: A student is seen setting fire to a paper advertisement on an on-campus dormitory bulletin board. Investigation determines that the student willfully set fire to the paper. Include this as one Arson in the on-campus and the on-campus student housing facility categories and also as one intentional fire in your fire statistics described in Chapters 12 and 13.

Hate Crimes

a. Hate Crimes are any of the reportable crimes or other crimes involving bodily injury reported to local police agencies or to a campus security authority, that manifest evidence that the victim was intentionally selected because of the perpetrator’s bias or the perpetrator perceived the person to be in one of the protected group categories.

There are six types of bias categories: (You must use the FBI’s UCR Hate Crime Data Collection Guidelines and Training Guide for Hate Crime Data Collection.)

1. 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 the existence or nonexistence of a supreme being, e.g., Catholics, Jews, Protestants, atheists.
2. Sexual Orientation. A preformed negative opinion or attitude toward a group of persons based on their actual or perceived sexual orientation. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
3. Gender. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
4. Gender Identity. A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals. Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
5. Ethnicity. A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
6. National Origin. A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
7. Disability. A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.

Hate crimes include any offense in the following two groups:

Comments

• Count offense per victim by geographic location.
• Count if sufficient objective facts are present to conclude that the offender’s actions in whole or part were motivated by bias.
• Do not count unless there is evidence.
  • Knowing that the perpetrator is prejudiced is not enough.
• Do not count based on the victim’s perception, it is the perception of the perpetrator that classifies the offense as bias.
• Do not count rape unless there is a clear evidence of bias.

Some factors to consider in determining bias are:

• Oral comments, written statements or gestures;
• Drawings, markings, symbols or graffiti;
• Occurred on a holiday or a date of significance;
• Previous involvement in a similar hate crime; and
• Community perception that incident was bias motivated.

Examples of Hate Crimes

• Scenario 1: One night a student with known anti-gay sentiments steals a number of books by LGBTQ authors from a campus library exhibit. He leaves a note on the exhibit table that reads, “Gay and lesbian books don’t belong in our library.” When he is caught leaving the library with a large bag of books, he starts shouting that LGBTQ students have been getting too much attention on campus and he was tired of it. Include this as one on-campus Larceny-Theft characterized by Sexual Orientation bias.
• Scenario 2: A white student causes a disturbance in an on-campus classroom during a discussion on race relations. The student begins shouting racial epithets while pointing at black students. The instructor calls campus security for assistance. A white security officer and a black security officer arrive. When the black officer tries to subdue the student, the student starts shoving the officer and shouting racial epithets at him. Include this as one on-campus Simple Assault characterized by racial bias.
• Scenario 3: A campus police officer overhears a white student and a black student arguing over a parking space on campus. They are shouting obscenities at one another and the white student shoves the black student who scrapes his hand on the asphalt when he falls. The officer approaches the students and asks for an explanation for the argument. The students tell him that one of them was driving toward the parking space first but didn’t use his turn signal to indicate he wanted to park there. The other student drove into the space not knowing that the first student had intended to park there. The officer did not find any evidence that the Simple Assault was motivated by bias. Do not include this incident as a Hate Crime in your Clery Act statistics.
• Scenario 4: During finals week, a gay faculty member gets a series of phone calls in his noncampus office. When he answers, the caller says that she hates gay people and then hangs up. On the third night, the caller says that the faculty member had better be careful because something terrible was about to happen to gay people at the school. The faculty member is afraid and calls the local police to report the threat. Include this as one noncampus Intimidation based on Sexual Orientation bias.
• Scenario 5: Several students call the campus security office to report swastikas spray-painted on the walls in a hallway of an on-campus student housing facility. Campus security personnel investigate but cannot find conclusive evidence that the markings were bias-motivated. Do not include this incident as a Hate Crime in your Clery Act statistics.
• Scenario 6: Several students call the campus security office to report swastikas spray-painted on the hallway walls of an on-campus student housing facility on the floor where members of a Jewish student group live. The spray-painting follows a week of escalating tension between some Jewish and non-Jewish students over news about the Israeli-Palestinian conflict. Campus security personnel investigate and, based on the evidence, conclude that a Hate Crime was committed. Include this as one on-campus Intimidation characterized by religious bias and one on-campus student housing facility Intimidation characterized by religious bias.
• Scenario 7: An on-campus student center features a photo exhibit of famous Muslim-Americans and their achievements. Next to the display case is a second unrelated photo exhibit that features several well-known school alumni. An employee who is prepping the coffee bar for the day notices that there are what appear to be permanent ink markings on the glass over some of the facial features of photos of the Muslim-Americans. There are no markings on the other exhibit case. The employee reports the incident to the school’s public safety officer who is on the other side of the campus and in the process of examining defaced posters announcing a meeting of the school’s Muslim-American student group. After examining all of the evidence the officer concludes that a Hate Crime was committed. Include this as one on-campus Destruction/Damage/Vandalism of Property incident characterized by religious bias.

Liquor Law Violations

a. Liquor Law Violations are violations of state laws or local laws/ordinances prohibiting the manufacture, sale, purchase, transportation, possession, use of alcoholic beverages.

Must include:

• manufacture, sale, transporting, furnishing, possessing, etc. of intoxicating liquor
• maintaining unlawful drinking places
• bootlegging and 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
• Attempts to commit any of the above

Comments

• Count the number of persons arrested,
  • NOT the number of occurrences of law violations.
• Public Drunkenness or Public Intoxication is NOT a Clery reportable offense unless the perpetrator also includes underage drinking.

Drug Law Violations

Drug Law Violations: is defined as the violation state and local laws 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. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics (Demerol, methadones); and dangerous non-narcotic drugs (barbiturates, Benzedrine).

Weapon Law Violations

a. Weapons Law Violations is the violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.

b. This classification encompasses weapons offenses that are regulatory in nature. Agencies must include: 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.

Comments

• Count the number of persons arrested.
• Do NOT count the number of occurrences of law violations.

Examples of Arrests and Referrals

• Scenario 1: In an on-campus student housing facility room three underage students and a nonstudent are found drinking alcohol in violation of state law. The students are referred for disciplinary action, while the nonstudent is given a written citation. Include three referrals for Liquor Law Violations in both the on-campus category and in the on-campus student housing facility category as well as one arrest for a Liquor Law Violation in the on-campus category and in the on-campus student housing facility category.
• Scenario 2: A party at an off-campus, university-owned fraternity house is busted, and 30 students are both arrested and referred for disciplinary action for state Liquor Law Violations by campus police. Include this as 30 noncampus arrests for Liquor Law Violations.
• Scenario 3: A 21-year-old student is referred for disciplinary action for possessing a beer at an on-campus fraternity house on a “dry” campus. Do not include this incident in your Clery Act statistics because no violation of the law occurred.
• Scenario 4: A dozen students are cited for underage drinking by campus police at a popular off-campus bar. Do not include these violations in your Clery Act statistics as they occurred on private property off campus.
• Scenario 5: A student is referred for disciplinary action for smoking a marijuana cigarette in his on-campus dorm room. Because this is his first offense, he is issued a warning and no sanction is imposed. A record is established of the action. Include this as one on-campus referral and one on-campus student housing facility referral.
• Scenario 6: Two nonstudents are arrested during an on-campus football game for possession of cocaine. Include this as two on-campus arrests for Drug Abuse Violations.
• Scenario 7: A student is cited for having a firearm in his or her residence hall room in violation of state law. Include this as one arrest for Weapons: Carrying, Possessing, Etc., in the on-campus category and one arrest for Weapons: Carrying, Possessing, Etc., in the on-campus student housing facility category.
• Scenario 8: A faculty member is referred for disciplinary action for having a firearm in his or her office in violation of school policy. The state in which the campus is located does not have a law against possessing a firearm on campus. Do not include this incident in your Clery Act statistics because there was no violation of the law.
• Scenario 9: Police respond to an incident at a noncampus, institution-owned sorority house where there are underage students drinking at a party. The officers list all 10 of the students in their report, which is forwarded to the campus Judicial Affairs office. A Judicial Affairs official interviews the students and finds that two of them had not been drinking. Those students are not charged. Judicial Affairs continues the disciplinary process against the eight students who were drinking. Include this as 10 noncampus referrals for disciplinary action because all 10 students were referred for underage drinking.
• Scenario 10: A resident assistant (RA) has the duty of loading disciplinary information into an electronic database. She enters the names of 15 students who were referred for disciplinary action as a result of being at an on-campus party where there was underage drinking in violation of state law. The RA’s supervisor begins the disciplinary action process by reviewing the information in the database. She determines that five of those students were present in a location where illegal drinking took place but that these five students did not violate any liquor laws. Nothing more is done in terms of disciplinary action for those five individuals. The disciplinary process continues for the remaining 10 individuals who were at the party. Include this as 15 referrals for disciplinary action in the on-campus category because 15 students were referred for underage drinking.
• Scenario 11: Two students are caught smoking marijuana before class in the stairwell they use to access their classroom in a noncampus building. The students are brought before a panel of their peers for a disciplinary hearing. The dean of students is present to monitor the proceedings. The panel of students determines that the two students broke the law and requires them to attend drug abuse counseling sessions at the school health clinic. A record of the disciplinary action is established by the institution. Include this as two Drug Abuse Violation referrals in the noncampus category.
• Scenario 12: A Burglary occurs at a business down the street from campus. The suspect is chased by police and apprehended on campus. The suspect is carrying a firearm in violation of state law and arrested for both Burglary and a Weapons Violation while on campus property. Include this as one on-campus arrest for Weapons: Carrying, Possessing, Etc. Do not include the Burglary in your Clery Act statistics because the Burglary did not occur on Clery Act geography.