**Appendix E:**

**Additional FBI Guidance on Crime Classification**

*This page intentionally left blank.*

**UCR *State Program Bulletin* 02-1, March 2002**

**Scoring Offenses in Which "Date Rape" Drugs are Used**

A local law enforcement agency recently asked for clarification on
proper scoring, according to UCR definitions, of two scenarios involving
a date rape drug.

The Summary system defines forcible rape as "the carnal knowledge of a
female forcibly and against her will" (*Uniform Crime Reporting
Handbook,* 1984, page 10).

The NIBRS definition of forcible rape is:

> The carnal knowledge of a 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 temporary or
> permanent mental or physical incapacity (or because of his/her youth)
> (*UCR Handbook,* NIBRS Edition, 1992, page 21).

Scenario #1: A male slipped a date rape drug into a woman's drink.
Before he could lure the victim away from her friends, however, someone
noticed what he had done and summoned the police. A police officer found
the drug and the identity of the suspect. He determined that the suspect
had administered the date rape drug with the intent to incapacitate the
woman and commit a sexual assault.

Because the offender used the date rape drug to physically incapacitate
the woman and intended to commit a sexual act "forcibly" and "against
her will," the reporting agency should classify the offense as an
attempted forcible rape. Agencies that report data via the Summary
system should, "Score one offense for each female raped or upon whom an
assault to rape or attempt to rape has been made" (*UCR Handbook,* 1984,
page 10). Agencies that report data via NIBRS should capture Data
Element 6, UCR Offense Code, as 11A Forcible Rape, and enter Data
Element 7, Offense Attempted/Completed, as A = Attempted.

Scenario #2: An officer ascertained that a male had slipped a date rape
drug into a woman's drink, but he was unable to determine the
perpetrator's intent.

Because the investigating officer was unable to determine the suspect's
intention, the incident cannot be counted as an attempted rape. Since
the UCR Program considers a date rape drug as a poison and poisoning is
among the offenses included in aggravated assault, this offense should
be classified as an aggravated assault. (See *UCR Handbook,* 1984, page
16.)

> **U.S. Department of Justice**
>
> Federal Bureau of Investigation
>
> Clarksburg, WV 26306
>
> March 10, 2000

(name deleted)\
Director\
University Police\
George Washington University\
University Police\
2033 G Street, N.W.\
Washington, DC 20052

Dear (name deleted):

Reference is made to your February 22, 2000, letter in which you
requested assistance with Uniform Crime Reporting (UCR) Program
procedures. In your letter, you presented the following scenario:

**1. If a student living in a residence hall room with other students
reports an item missing from his/her room, some people are of the
opinion that the incident should be recorded as a theft and not as a
burglary, because the other students in the room have the
\"opportunity\" to take the item.**

Based on this scenario, the following are responses to your questions:

> **What is your opinion regarding this scenario? Classify this as
> Larceny or Burglary\--unlawful entry \--no force?**
>
> According to the scenario, if an item is missing from a structure and
> it is unknown who took the item, the proper classification would be
> Burglary. Page 20 of the Federal Bureau of Investigation\'s (FBI\'s)
> *UCR Handbook* defines **Burglary\--Breaking or Entering** as \"the
> unlawful entry of a structure to commit a felony or a theft.\"
>
> If, on the other hand, a resident having lawful access to the
> structure takes an item from another resident, the proper
> classification would be Larceny\--theft. Page 24 of the *UCR Handbook*
> defines **Larceny\--theft** as \"the unlawful taking, carrying,
> leading, or riding away of property from the possession or
> constructive possession of another.\"
>
> **Does the answer to this scenario change if the room is left unlocked
> or opened versus being locked by the last person who left the room?**
>
> Page 21 of the FBI\'s UCR Handbook states,
>
> **5.a. Burglary\--Forcible Entry**
>
> Count all offenses where force of any kind is used to unlawfully enter
> a structure for the purpose of committing a theft or felony. This act
> includes entry by use of tools, breaking windows; forcing windows,
> doors, transoms, or ventilators; cutting screens, walls, or roofs; and
> where known, the use of master keys, picks, unauthorized keys,
> celluloid, or other devices which leave no outward mark but are used
> to force a lock. Burglary by concealment inside a building followed by
> the exiting of the structure is included in this category.
>
> **5.b. Burglary\--Unlawful Entry-No Force**
>
> The entry in these burglary situations involves no force and is
> achieved by use of an unlocked door or window. The element of trespass
> to the structure is essential in this classification, which includes
> thefts from open garages, open warehouses, open or unlocked dwellings,
> and open or unlocked common basement areas in apartment houses where
> entry is committed other than by the tenant who has lawful access. If
> the area entered was one of open access, thefts from the area would
> not involve an unlawful trespass and would be scored as larceny.
>
> Again, when a resident having lawful access to a structure takes an
> item from another resident, the proper classification would be
> Larceny\--theft. However, if a person, other than a resident, enters
> an unlocked structure (room), or one where the door was left open, the
> proper classification would be Burglary\--Unlawful Entry No Force.

**2. If housekeeping and maintenance personnel have keys and are
authorized to gain access and did gain access during the time period of
the theft, how would you classify the incident?**

> 5.a. Burglary\--Forcible Entry

**3. If a student lives alone in a residence hall room, it seems clearer
to people that they should follow the definitions of forcible entry, if
the room was locked by the student or unlawful entry\--no force, if the
student left the door unlocked. Is that a correct assessment?**

> As stated previously, offenses where force of any kind is used to
> unlawfully enter a structure for the purpose of committing a theft or
> felony are classified as a Burglary\--Forcible Entry.
>
> If entry is achieved by use of an unlocked door or window, the proper
> classification would be Burglary\--Unlawful Entry\--No Force.

**4. Is there anything else in the definition of burglary as listed in
the UCR Handbook that we should take into consideration when classifying
incidents of larceny and burglary in residence hall facilities?**

> By citing the reference material contained in the FBI\'s *Uniform
> Crime Reporting Handbook*, I believe we have addressed all related
> concerns.
>
> I am glad to provide you and your agency this information. I hope you
> find it helpful. If you have any further questions, please contact
> (name deleted) at 304-625-2859 or 1-888-827-6427.
>
> Sincerely yours,
>
> \[signed (name deleted)\]
>
> (name deleted)\
> Chief\
> Programs Support Section\
> Criminal Justice Information Services Division

**INFORMAL NOTE**

April 25, 2000

This is in reference to the attached response to (name deleted),
Director, University Police, George Washington University, dated March
10, 2000. (name deleted) was contacted by (name deleted) of the
Education/Training Services Unit. The following clarification was made
to scenario #l:

> **1. If a student living in a residence hall room with other students
> reports an item missing from his/her room, some people are of the
> opinion that the incident should be recorded as a theft and not as a
> burglary, because the other students in the room have the
> \"opportunity\" to take the item.**
>
> Based on this scenario, the following are responses to your questions:
>
> **What is your opinion regarding this scenario? Classify this as
> Larceny or Burglary-unlawful entry-no force?**
>
> According to the scenario, if an item is missing from a **structure**
> and it is unknown who took the item, and the investigating officer has
> exhausted all avenues leading toward the offense of Larceny\--theft,
> then the proper classification would be Burglary. Page 20 of the
> Federal Bureau of Investigation\'s (FBI\'s) *UCR Handbook* defines
> **Burglary-Breaking or Entering** as \"the unlawful entry of a
> structure to commit a felony or a theft.\"

One has to be cognizant of the fact that especially in the college
dormitory setting many variables could be present. There is no **\"all
encompassing\"** answer without first relying on the discretion of the
investigating officer. A decision on the proper classification should
not be made until all the facts are collected and analyzed. The whole
premise of UCR is the application of facts known in each case to the
Index Crime definitions set forth in the FBI\'s *UCR Handbook*.

Attachments

Please refer to the response correspondence dated March 10, 2000, as the
attachment.

Thank you in advance.

appendix F:

sAMPLE STATISTICAL REPORTING TEMPLATES

*This page intentionally left blank.*

TEMPLATE A

  -------------------------- --------------------- ---------- ---------- ----------
  **OFFENSE**                **LOCATION**          **YEAR**   **YEAR**   **YEAR**

  **MURDER / NON-NEGLIGENT   ON CAMPUS                                   
  MANSLAUGHTER**                                                         

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **NEGLIGENT MANSLAUGHTER** ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **SEX OFFENSES, FORCIBLE** ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **SEX OFFENSES,            ON CAMPUS                                   
  NON-FORCIBLE**                                                         

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **ROBBERY**                ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **AGGRAVATED ASSAULT**     ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **BURGLARY**               ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **MOTOR VEHICLE THEFT**    ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **ARSON**                  ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **LIQUOR LAW ARRESTS**     ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **LIQUOR LAW VIOLATIONS\   ON CAMPUS                                   
  REFERRED FOR DISCIPLINARY\                                             
  ACTION**                                                               

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **DRUG LAW ARRESTS**       ON CAMPUS                                   

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **DRUG LAW VIOLATIONS\     ON CAMPUS                                   
  REFERRED FOR DISCIPLINARY\                                             
  ACTION**                                                               

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              
  -------------------------- --------------------- ---------- ---------- ----------

***TEMPLATE A*** (continued)

  -------------------------- --------------------- ---------- ---------- ----------
  **OFFENSE**                **LOCATION**          **YEAR**   **YEAR**   **YEAR**

  **ILLEGAL WEAPONS          ON CAMPUS                                   
  POSSESSION\                                                            
  ARRESTS**                                                              

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **ILLEGAL WEAPONS          ON CAMPUS                                   
  POSSESSION\                                                            
  VIOLATIONS REFERRED FOR\                                               
  DISCIPLINARY ACTION**                                                  

                             \*\*RESIDENTIAL                             
                             FACILITIES                                  

                             NONCAMPUS                                   

                             PUBLIC PROPERTY                             

                             OPTIONAL TOTAL                              

  **\*\*CRIMES REPORTED IN                                               
  THE RESIDENTIAL FACILITIES                                             
  COLUMN ARE INCLUDED IN THE                                             
  ON-CAMPUS CATEGORY.**                                                  
  -------------------------- --------------------- ---------- ---------- ----------

TEMPLATE B

  --------------------- ---------- ------------ ------------------- ------------- ------------ ------------
  **OFFENSE**           **YEAR**   **ON CAMPUS  **\*\*RESIDENTIAL   **NONCAMPUS   **PUBLIC     **OPTIONAL
                                   PROPERTY**   FACILITIES**        PROPERTY**    PROPERTY**   TOTAL**

  **MURDER /                                                                                   
  NON-NEGLIGENT                                                                                
  MANSLAUGHTER**                                                                               

                                                                                               

                                                                                               

  **NEGLIGENT                                                                                  
  MANSLAUGHTER**                                                                               

                                                                                               

                                                                                               

  **SEX OFFENSES,                                                                              
  FORCIBLE**                                                                                   

                                                                                               

                                                                                               

  **SEX OFFENSES,                                                                              
  NON-FORCIBLE**                                                                               

                                                                                               

                                                                                               

  **ROBBERY**                                                                                  

                                                                                               

                                                                                               

  **AGGRAVATED                                                                                 
  ASSAULT**                                                                                    

                                                                                               

                                                                                               

  **BURGLARY**                                                                                 

                                                                                               

                                                                                               

  **MOTOR VEHICLE                                                                              
  THEFT**                                                                                      

                                                                                               

                                                                                               

  **ARSON**                                                                                    

                                                                                               

                                                                                               

  **LIQUOR LAW                                                                                 
  ARRESTS**                                                                                    

                                                                                               

                                                                                               

  **LIQUOR LAW                                                                                 
  VIOLATIONS\                                                                                  
  REFERRED FOR                                                                                 
  DISCIPLINARY\                                                                                
  ACTION**                                                                                     

                                                                                               

                                                                                               

  **DRUG LAW ARRESTS**                                                                         

                                                                                               

                                                                                               

  **DRUG LAW                                                                                   
  VIOLATIONS\                                                                                  
  REFERRED FOR                                                                                 
  DISCIPLINARY\                                                                                
  ACTION**                                                                                     

                                                                                               

                                                                                               

  **ILLEGAL WEAPONS                                                                            
  POSSESSION\                                                                                  
  ARRESTS**                                                                                    

                                                                                               

                                                                                               

  **ILLEGAL WEAPONS                                                                            
  POSSESSION\                                                                                  
  VIOLATIONS REFERRED                                                                          
  FOR\                                                                                         
  DISCIPLINARY ACTION**                                                                        

                                                                                               

                                                                                               

  **\*\*CRIMES REPORTED                                                                        
  IN THE RESIDENTIAL                                                                           
  FACILITIES COLUMN ARE                                                                        
  INCLUDED IN THE                                                                              
  ON-CAMPUS CATEGORY.**                                                                        
  --------------------- ---------- ------------ ------------------- ------------- ------------ ------------

TEMPLATE C

  ------------------ ---------- ------ ------ ------------------- ------ ------ --------------- ------ ------ ------------ ------ ------ ------------ ------ ------
  **OFFENSE**        **ON                     **\*\*RESIDENTIAL                 **NONCAMPUS**                 **PUBLIC                   **OPTIONAL          
                     CAMPUS**                 FACILITIES**                                                    PROPERTY**                 TOTAL**             

                     YEAR       YEAR   YEAR   YEAR                YEAR   YEAR   YEAR            YEAR   YEAR   YEAR         YEAR   YEAR   YEAR         YEAR   YEAR

  MURDER /                                                                                                                                                   
  NON-NEGLIGENT                                                                                                                                              
  MANSLAUGHTER                                                                                                                                               

  NEGLIGENT                                                                                                                                                  
  MANSLAUGHTER                                                                                                                                               

  SEX OFFENSES,                                                                                                                                              
  FORCIBLE                                                                                                                                                   

  SEX OFFENSES,                                                                                                                                              
  NON-FORCIBLE                                                                                                                                               

  ROBBERY                                                                                                                                                    

  AGGRAVATED ASSAULT                                                                                                                                         

  BURGLARY                                                                                                                                                   

  MOTOR VEHICLE                                                                                                                                              
  THEFT                                                                                                                                                      

  ARSON                                                                                                                                                      

  LIQUOR LAW ARRESTS                                                                                                                                         

  LIQUOR LAW                                                                                                                                                 
  VIOLATIONS                                                                                                                                                 
  REFERRED FOR                                                                                                                                               
  DISCIPLINARY                                                                                                                                               
  ACTION                                                                                                                                                     

  DRUG LAW ARRESTS                                                                                                                                           

  DRUG LAW                                                                                                                                                   
  VIOLATIONS                                                                                                                                                 
  REFERRED\                                                                                                                                                  
  FOR DISCIPLINARY                                                                                                                                           
  ACTION                                                                                                                                                     

  ILLEGAL WEAPONS                                                                                                                                            
  POSSESSION\                                                                                                                                                
  ARRESTS                                                                                                                                                    

  ILLEGAL WEAPONS                                                                                                                                            
  POSSESSION\                                                                                                                                                
  VIOLATIONS                                                                                                                                                 
  REFERRED FOR\                                                                                                                                              
  DISCIPLINARY                                                                                                                                               
  ACTION                                                                                                                                                     

  **OPTIONAL TOTAL**                                                                                                                                         

  **\*\*CRIMES                                                                                                                                               
  REPORTED IN THE                                                                                                                                            
  RESIDENTIAL                                                                                                                                                
  FACILTIES COLUMN                                                                                                                                           
  ARE INCLUDED IN                                                                                                                                            
  THE ON-CAMPUS                                                                                                                                              
  CATEGORY.**                                                                                                                                                
  ------------------ ---------- ------ ------ ------------------- ------ ------ --------------- ------ ------ ------------ ------ ------ ------------ ------ ------

**TEMPLATE D**

  ---------------------- ------------ ---------- ------------- --------------- -------------- ---------- ------------- --------------- ------------ ---------- ------------- --------------- --------- -- ------------- ---------- ------------- ------------
                         **All                                                 **Non-Campus                                            **Public                                              **GRAND      **On-Campus                            
                         On-Campus                                             Property**                                              Property**                                            TOTAL**      Residential                            
                         Property**                                                                                                                                                                       Only**                                 

                         Reported to  Reported   Reported to   **SUB-TOTAL**   Reported to    Reported   Reported to   **SUB-TOTAL**   Reported to  Reported   Reported to   **SUB-TOTAL**                Reported to   Reported   Reported to   **Section\
                         UPD\         to MPD\    Non-Police\                   UPD\           to MPD\    Non-Police\                   UPD\         to MPD\    Non-Police\                                UPD\          to MPD\    Non-Police\   TOTAL**
                         \            \          3                             \              \          3                             \            \          3                                          \             \          3             
                         1            2                                        1              2                                        1            2                                                     1             2                        

  Murder/Non-Negligent                                                                                                                                                                                                                           
  Manslaughter                                                                                                                                                                                                                                   

  Negligent Manslaughter                                                                                                                                                                                                                         

  Robbery                                                                                                                                                                                                                                        

  Aggravated Assault                                                                                                                                                                                                                             

  Motor Vehicle Theft                                                                                                                                                                                                                            

  Arson                                                                                                                                                                                                                                          

  **BURGLARY TOTAL**                                                                                                                                                                                                                             

  *Forcible Burglary*                                                                                                                                                                                                                            

  *Non-Forcible                                                                                                                                                                                                                                  
  Burglary*                                                                                                                                                                                                                                      

  *Attempted Burglary*                                                                                                                                                                                                                           

  **SEX OFFENSES,                                                                                                                                                                                                                                
  FORCIBLE\                                                                                                                                                                                                                                      
  (TOTAL)**                                                                                                                                                                                                                                      

  *Forcible Rape*                                                                                                                                                                                                                                

  *Forcible Sodomy*                                                                                                                                                                                                                              

  *Sexual Assault with                                                                                                                                                                                                                           
  Object*                                                                                                                                                                                                                                        

  *Forcible Fondling*                                                                                                                                                                                                                            

  **SEX OFFENSES,                                                                                                                                                                                                                                
  NON-FORCIBLE\                                                                                                                                                                                                                                  
  (TOTAL)**                                                                                                                                                                                                                                      

  *Incest*                                                                                                                                                                                                                                       

  *Statutory Rape*                                                                                                                                                                                                                               

  Larceny\*\*                         **N/A**                                                 **N/A**                                               **N/A**                                                             **N/A**                  

  Liquor Law Arrests                                                                                                                                                                                                                             

  Liquor Law Violations               **N/A**                                                 **N/A**                                               **N/A**                                                             **N/A**                  
  Referred for                                                                                                                                                                                                                                   
  Disciplinary Action                                                                                                                                                                                                                            

  Drug Law Arrests                                                                                                                                                                                                                               

  Drug Law Violations                 **N/A**                                                 **N/A**                                               **N/A**                                                             **N/A**                  
  Referred for\                                                                                                                                                                                                                                  
  Disciplinary Action                                                                                                                                                                                                                            

  Illegal Weapons                                                                                                                                                                                                                                
  Possession Arrests                                                                                                                                                                                                                             

  Illegal Weapons                     **N/A**                                                 **N/A**                                               **N/A**                                                             **N/A**                  
  Possession\                                                                                                                                                                                                                                    
  Violations Referred                                                                                                                                                                                                                            
  for Disciplinary\                                                                                                                                                                                                                              
  Action                                                                                                                                                                                                                                         
  ---------------------- ------------ ---------- ------------- --------------- -------------- ---------- ------------- --------------- ------------ ---------- ------------- --------------- --------- -- ------------- ---------- ------------- ------------

**\*\*Denotes statistics not required by law.**

**Crime Incident Report Form**

This form should be completed by those individuals identified as "campus
security authorities" who are

required to report information they receive about specified crimes
(described below) pursuant to the

federal *Clery Act*. The information collected from these forms will be
used to prepare a compilation of

statistical crime information that will be included in the campus'
Annual Security Report.

It is the policy of the University of California to ensure that victims
and witnesses to crime are aware of

their right to report criminal acts to the police, and to report
University policy violations to the appropriate

office (e.g., student conduct violations to the Office of Student
Judicial Affairs). However, if a

reporting person requests anonymity, this request must be honored to the
extent permitted by law.

Accordingly, no information should be included on this form that would
personally identify the

victim without his/her consent.

Campus Police will use this form to determine the category of crime and
location under which the crime

should be reported according to the requirements of the *Clery Act*.
Please forward this completed form

to: \[Chief of Campus Police Department\] \[Address\].

Person Receiving Report:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Phone Number:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Report Made by:

\_\_\_\_\_\_Victim

\_\_\_\_\_\_Third Party Please identify relationship to victim:

Date and Time the Incident occurred:

Description of the incident or crime:

**Location of Incident**

Identify building name, address, etc.; be as specific as possible):

The location where this incident occurred was:

\_\_\_\_\_\_ On campus, but not in student housing

\_\_\_\_\_\_ On campus student housing

\_\_\_\_\_\_ Off-campus affiliated property (owned, controlled, or
affiliated with the campus; e.g.,

> leased property, fraternity, student co-op)

\_\_\_\_\_\_ Off-campus public property immediately adjacent to campus

\_\_\_\_\_\_ Off-campus, NOT affiliated with or not adjacent to campus

\_\_\_\_\_\_ Unknown

**Sex Offenses**

*Examples of sex offenses are rape, sodomy, sexual assault with an
object, fondling, incest, and statutory rape.*

Was this crime a sexual offense ? \_\_\_\_\_\_ Yes \_\_\_\_\_\_ No

If yes, were the victim and the assailant acquainted? \_\_\_\_\_\_ Yes
\_\_\_\_\_\_ No

If yes, were either the victim or the assailant under the influence of
alcohol or drugs?

Victim: \_\_\_\_\_\_ No Yes, alcohol \_\_\_\_\_\_ Yes, drugs \_\_\_\_\_

Assailant: \_\_\_\_\_\_ No Yes, alcohol \_\_\_\_\_\_ Yes, drugs
\_\_\_\_\_

**Hate Crimes**

*Hate crime information is required to be reported for each of the
following crimes (criminal homicide, sex offense, robbery, aggravated
assault, burglary, motor vehicle theft, and arson) and for any other
crime involving bodily injury.*

Was this incident motivated by hate or bias? \_\_\_\_\_\_ Yes ;
\_\_\_\_\_\_ No .

If yes, identify the category of prejudice:

\_\_\_\_\_\_ Race \_\_\_\_\_\_ Ethnicity \_\_\_\_\_\_ National Origin

\_\_\_\_\_\_ Religion \_\_\_\_\_\_ Disability \_\_\_\_\_\_ Sexual
Orientation

If yes, provide a brief explanation of the determination:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

**Alcohol, Drug and Weapons Law Violations**

*Check all that apply:*

\_\_\_\_\_\_ Alcohol \_\_\_\_\_\_ Drugs \_\_\_\_\_\_ Weapons Describe:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Number of individuals arrested or referred for campus disciplinary
action: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*This page intentionally left blank.*

**Appendix G:**

**Section 102(a)--(d) of the**

***Higher Education Act***

*This page intentionally left blank.*

### SEC. 120. DRUG AND ALCOHOL ABUSE PREVENTION.

\(a\) RESTRICTION ON ELIGIBILITY- Notwithstanding any other provision of
law, no institution of higher education shall be eligible to receive
funds or any other form of financial assistance under any Federal
program, including participation in any federally funded or guaranteed
student loan program, unless the institution certifies to the Secretary
that the institution has adopted and has implemented a program to
prevent the use of illicit drugs and the abuse of alcohol by students
and employees that, at a minimum, includes\--

> \(1\) the annual distribution to each student and employee of\--
>
> \(A\) standards of conduct that clearly prohibit, at a minimum, the
> unlawful possession, use, or distribution of illicit drugs and alcohol
> by students and employees on the institution's property or as part of
> any of the institution's activities;
>
> \(B\) a description of the applicable legal sanctions under local,
> State, or Federal law for the unlawful possession or distribution of
> illicit drugs and alcohol;
>
> \(C\) a description of the health-risks associated with the use of
> illicit drugs and the abuse of alcohol;
>
> \(D\) a description of any drug or alcohol counseling, treatment, or
> rehabilitation or re-entry programs that are available to employees or
> students; and
>
> \(E\) a clear statement that the institution will impose sanctions on
> students and employees (consistent with local, State, and Federal
> law), and a description of those sanctions, up to and including
> expulsion or termination of employment and referral for prosecution,
> for violations of the standards of conduct required by subparagraph
> (A); and
>
> \(2\) a biennial review by the institution of the institution's
> program to\--
>
> \(A\) determine the program's effectiveness and implement changes to
> the program if the changes are needed; and
>
> \(B\) ensure that the sanctions required by paragraph (1)(E) are
> consistently enforced.

\(b\) INFORMATION AVAILABILITY- Each institution of higher education
that provides the certification required by subsection (a) shall, upon
request, make available to the Secretary and to the public a copy of
each item required by subsection (a)(1) as well as the results of the
biennial review required by subsection (a)(2).

\(c\) REGULATIONS-

> \(1\) IN GENERAL- The Secretary shall publish regulations to implement
> and enforce the provisions of this section, including regulations that
> provide for\--
>
> \(A\) the periodic review of a representative sample of programs
> required by subsection (a); and
>
> \(B\) a range of responses and sanctions for institutions of higher
> education that fail to implement their programs or to consistently
> enforce their sanctions, including information and technical
> assistance, the development of a compliance agreement, and the
> termination of any form of Federal financial assistance.
>
> \(2\) REHABILITATION PROGRAM- The sanctions required by subsection
> (a)(1)(E) may include the completion of an appropriate rehabilitation
> program.

\(d\) APPEALS- Upon determination by the Secretary to terminate
financial assistance to any institution of higher education under this
section, the institution may file an appeal with an administrative law
judge before the expiration of the 30-day period beginning on the date
such institution is notified of the decision to terminate financial
assistance under this section. Such judge shall hold a hearing with
respect to such termination of assistance before the expiration of the
45-day period beginning on the date that such appeal is filed. Such
judge may extend such 45-day period upon a motion by the institution
concerned. The decision of the judge with respect to such termination
shall be considered to be a final agency action.

**Index**

**A**

administrative division. *See also* separate campus 19

aggravated assault 24, 31--33, 40, 78

classifications of 32--33

counting 32, 75

definition of 31

examples of 33

alcohol

arrests. *See* *under* arrests, crimes disclosed under,\
liquor law violations

policies. *See* alcohol policies

referrals for disciplinary action. *See* *under* referrals for\
disciplinary action, crimes disclosed under, liquor\
law violations

alcohol policies

regarding alcohol abuse education 100

sample policy statement 101

regarding alcoholic beverages and enforcement\
of laws 99

sample policy statement 99

annual security report 4, 5, 6, 11, 82--83, 85, 87--88

cite for 5

description of 113

disclosures in

crime statistics 81--83

policy statements 11, 85, 87--110

distributing 111--114

deadline for 111

methods of 112--113

recipients of 112--113

notice 112

sample notice 113

policy statement on preparing 88

sample policy statement 88, 90

publishing 5, 6, 111, 112

records retention 73, 114

separate campus 112

arrests 24, 44--46, 47, 48, 76--77, 78, 83, 84

cite for 44

counting 44, 45, 46, 76--77, 78

crimes disclosed under 44

drug law violations, definition of 47

illegal weapons possession, definition of 46

liquor law violations, definition of 48

definition of 45

entering statistics for 82--83, 125

examples of

for drug law violations 47

for illegal weapons possession 46

for liquor law violations 48

juveniles 45

arson 24, 38--40

classifications of 38--40

counting 38, 76

definition of 38

examples of 40

hierarchy rule, exception to 39--40, 78

investigation of 38

assaults to murder. *See also* attempted crimes

attempted murder. *See also* attempted crimes

attempted crimes 79

**B**

bias**.** *See* *under* hate crimes, categories of bias

branch campus. *See also* separate campus 19, 56

burglary 11, 24, 34--36, 75, 78

classifications of 35--36

counting 34, 75, 78

definition of 34

examples of 36

in dormitories 34--35

business day, definition of 69

**C**

campus. *See* on-campus

campus police or security department 4, 6, 9, 10--11, 49,\
67, 68, 71, 83, 92--94

as campus security authorities 5, 51, 85

crime log requirement 4, 6, 9, 10--11, 67, 68, 69

description of 10--11

patrol jurisdiction of 67

policies pertaining to 11, 92--94

crime reporting 94

sample policy statement 94

enforcement authority of 92--93

sample policy statement (arrest authority) 92

sample policy statement (no arrest\
authority) 93

sex offender information 108

campus security authorities 4, 5, 49--53, 61, 89, 114

cite for 5, 49

collecting crime reports from 4, 5, 52, 79

definition of 5, 49--50

examples of who to include 50

examples of who not to include 50

exemptions 51

function of 50

good faith 50

recommendations with regard to 51--52

residence advisors, residence assistants 50

sample letter to 52--53

timely warnings and 61

campus security department. *See* campus police or security\
department

caveat, use of 80, 81--82, 122, 128

citation. *See* *under* arrests, definition of

civil penalty for noncompliance 7

*Clery Act*. *See* *Jeanne Clery Disclosure of Campus Security\
Policy and Campus Crime Statistics Act* (*Clery Act*)

confidential reporting. *See* voluntary confidential reporting

contract, written. *See* *under* third party, written contract with

controlled by. *See* owned or controlled by

counselors. *See* pastoral counselor; professional counselor

counting crimes 24, 25, 26, 27, 31, 32, 34, 36, 38,

44, 45, 46, 75--81

attempted crimes 79

distinct operation, definition of 31

officer discretion 76, 77

hierarchy rule (for multiple incidents) 39--40, 78--79

exception to 78--79

zero, use of 13, 17, 83, 122

*Crime Awareness and Campus Security Act* 3

crimes. *See* the following individual crimes: criminal homicide, sex
offenses, robbery, aggravated assault, burglary, motor vehicle theft,
arson, hate crimes, arrests, and referrals for disciplinary action

crimes involving bodily injury. *See also* hate crimes 24, 40

criminal homicide 24, 25--26, 39

murder and non-negligent manslaughter 25--26, 78

classifying 25

counting 25, 75

definition of 25

examples of 26

negligent manslaughter 26

classifying 26

counting 26, 75

definition of 26

example of 26

crime log 4, 5, 6, 9, 10, 11, 67--71, 113

annual security report, relation to 71

archiving 71, 114

availability of 5, 6, 71, 113

campus police or security department 6, 9, 11

cite for 4,10, 67

creating 68

criminal incidents to include 68

entries 67

additions to, changes in 69

exceptions 69--70

timeframe for 69

updates to 70

geographic locations 67

institutions exempt from maintaining 11

maintaining 68--70

patrol jurisdiction of campus police or\
security department 67

required information 69--70

sample log 68

state crime log 67, 70

unfounded crimes 70

withholding information 70

criminal incidents. *See* *under* reported crimes,\
definition of; crime log, criminal incidents to include

**D**

daily crime log. *See* crime log

discretion, law enforcement officer 76, 77

disciplinary referrals. *See* referrals for disciplinary action

distance education 20

distinct operation, definition of *See* under counting crimes

documentation 54, 55, 56, 68, 70, 76, 77, 81, 114

annual security report, supporting records 81, 114

crime log 54, 68, 70

record keeping 1, 3, 4

law enforcement officer discretion 76, 77

local police 55, 56

timely warnings 114

dormitories and residences for students. *See also* geographic
locations, dormitories or residential facilities for students on-campus
13, 38, 82

as a subset of on-campus 13, 82

cite for 13

double counting, avoiding 75

drug law violations**.** *See* *under* arrests, crimes disclosed under;
referrals for disciplinary action, crimes disclosed under

drug policies 86, 100--101

addressed in annual security report 100--101

regarding drug abuse education 101

regarding illegal drugs and enforcement\
of laws 100

sample statements 100, 101

regarding drug abuse education 101

regarding illegal drugs and enforcement\
of laws 100

**E**

entering statistics in the annual security\
report 13, 17, 82--83

exchange programs, disclosing crimes for 20

exemptions, reporting 51, 62

pastoral counselor 51, 62

professional counselor 51, 62

timely warnings 62

excluded crimes 80

**F**

false or baseless crimes. *See* unfounded crimes

*Family Educational Rights and Privacy Act*\
(FERPA) 63, 105, 109

disciplinary proceedings and 105

sex offender information policy and 108

timely warning and 63

FBI. *See* Federal Bureau of Investigation (FBI)

Federal Bureau of Investigation (FBI) 1, 44

cite for 24

*Uniform Crime Reporting Handbook* 24

*Uniform Crime Reporting Handbook*,\
NIBRS edition 27, 103

*Hate Crime Data Collection Guidelines* 40, 41

*Training Guide for Hate Crime Data\
Collection* 41

FERPA. *See* *Family Educational Rights and Privacy Act* (FERPA)

field trips, disclosing crimes for 17

foreign institutions, U.S.-owned 19, 56

fraternities 12, 14, 98--99

monitoring of 98

policy statement 98

sample policy statements 98--99

noncampus 12, 14

on campus 12, 14

**G**

geographic locations 11--20, 82, 84

cite for 11

crime log 67

dormitories or residential facilities for students\
on-campus 13

hate crimes 40--41

on campus 11, 12--13

cite for 12

definition of 12

dormitories and residential facilities for\
students, as a subset of 13, 123

cite for 13

examples of 12--13, 14

noncampus 11, 13--17

cite for 13

definition of 13--14

examples of what to include 14, 15--16

examples of what not to include 14, 16--17

patrol jurisdiction of campus police 67

public property 11, 17--18, 20

cite for 17

definition of 17

parks and one mile suggestion 18

parking facilities 18

good faith 23, 50

campus security authorities 23, 50

reported crimes 23

good-faith effort. *See* *under* local and state police

**H**

handbook questions, e-mail address for 2, 18, 35

back cover

hate crimes 11, 24, 40--44, 76, 78, 79, 84, 124

categories of prejudice 40--41, 84

cautions with regard to 43--44

cite for 40

classification guidelines 41--43

counting 76

crimes involving bodily injury 24, 40

definition of 40--41

entering statistics for 84, 124

geographic location and 11, 40

hierarchy rule, exception to 78, 79

health clinic 13, 50

hierarchy rule**.** *See under* counting crimes

**I**

International Association of College Law Enforcement Administrators
(IACLEA) 1

illegal weapons possession**.** *See* *under* arrests, crimes disclosed
under; referrals for disciplinary action, crimes disclosed under

institutional policies, violation of 44

**J**

*Jeanne Clery Disclosure of Campus Security Policy and Campus Crime
Statistics Act* (*Clery Act*) 3--7

compliance requirements for 3--6

legislation 3

noncompliance with 7

juveniles. *See* *under* arrests

**L**

liquor law violations. *See under* arrests, crimes disclosed under;
referrals for disciplinary action, crimes disclosed under

local and state police 49, 50

cite for 4

good-faith effort 4, 54, 55, 56, 121

institutions in foreign countries 56

requesting crime statistics from 54--56, 121, 126

sample letter requesting crime statistics 57

timely warning and 61, 62

**M**

map, use of 18

annual security report 18

separate campuses 18

mediation. *See* referrals for disciplinary action

Megan's laws. *See* sex offender registration information

motor vehicle theft 24, 36--38, 76, 78

classifications of 37

counting 36, 76

definition of 36

examples of 38

murder or murder and non-negligent manslaughter. *See under* criminal
homicide

**N**

negligent manslaughter. *See* *under* criminal homicide

NIBRS *See under* Federal Bureau of Investigation (FBI)

noncampus. *See* *under* geographic locations

noncompliance. *See* *under Jeanne Clery Disclosure of Campus Security
Policy and Campus Crime Statistics Act* (*Clery Act*)

**O**

Office of Case Management and Oversight. *See* School Eligibility
Channel

official, definition of 50

on-campus. *See under* geographic locations

owned or controlled by, definition of 12

**P**

parking facilities. *See* *under* geographic locations,\
public property

patrol jurisdiction of campus police or security department. *See*
*under* crime log

pastoral counselor 51, 62, 95

preferred leasing 17

professional counselor 51, 62, 95

personally identifying information

cite for, prohibition of 79

timely warning 62

police. *See* campus police or security department;\
local and state police

policy statements 5, 9, 85--110

cite for 85

categories addressed in Annual Security\
Report 4, 87--110

alcohol use 99

sample policy statement 99

campus law enforcement 4, 92

sample policy statement (arrest\
authority) 92--93

sample policy statement (without arrest\
authority) 93

crime prevention programs 97

sample policy statement 97

criminal activity off campus 98

sample policy statement (police\
monitored) 98

sample policy statement (not police\
monitored) 99

drug use 100

sample policy statement 100

encouraging accurate and prompt crime\
reporting 94

sample policy statement 94

procedures for counselors 95

sample policy statement (confidential\
reporting) 95

sample policy statement (no confidential\
reporting) 95

preparation of annual security report 88

sample policy statement 88

reporting of criminal offenses 89

sample policy statement 89

security and access 91

sample policy statement 91

security awareness programs 96

sample policy statement 96

sex offenses, prevention and response to 103--105

sample policy statement 107

sex offender registration 108

sample policy statement (on-site) 109

sample policy statement (off-site) 110

substance abuse education 100

sample policy statement 101

timely warnings 87

sample policy statement 87

voluntary confidential reporting 89, 90

sample policy statement (not limited) 90

sample policy statement (limited) 90

Program Participation Agreements, and Title IV 9

prospective employee 5, 112, 113, 114

annual security report, distributing 5, 112, 113, 114

definition of 112

prospective student 5, 112, 113, 114

annual security report, distributing 5, 112, 113, 114

definition of 112

public property. *See* *under* geographic locations

**R**

rape, forcible rape. *See* *under* sex offenses, forcible sex offenses

reasonably contiguous, definition of 12

referrals for disciplinary action 24, 44--48, 76--77, 78, 83,

114

cite for 44

definition of 45

counting 76--77

crimes disclosed under 24

drug law 24

counting 44

definition of 47

illegal weapons 24

counting 46

definition of 46

liquor law 24

counting 45

definition of 48

example of 48

entering statistics for 83, 125

rented classroom space 20

reported crimes, definition of 23

residence halls. *See* dormitories and residence halls for students

resident advisors, resident assistants. *See under* campus security
authorities

robbery 24, 30--31, 75, 78

classifications of 30

counting 31, 75

definition of 30

example of 31

rumor, hearsay. *See* good faith

**S**

satellite location. *See* *also* separate campus 19

School Eligibility Channel 9--10

security department. *See* campus police or security department

Security on Campus (SOC) 1

separate campus 19--20, 112

annual security report 112

compliance 19

crime log 71

definition of 19

map for 18

sex offenses 24, 27--29, 75, 78, 82

forcible sex offenses 24, 27--28, 78

classifications of 27--29

counting 27, 75

definition of 27

examples of 28--29

policy statement regarding 103--105

sample policy statement 107

NIBRS 27

non-forcible 24, 29--30, 78

classifications of 29

counting 27, 75

definition of 29

example of 29

sex offender registration information 108--109

cite for 108

FERPA and 108

Megan's laws, comparison with 108

policy 108

sample policy statement (electronic link) 110

sample policy statement (on-site access) 109

sororities 12, 14, 98--99

monitoring of 98

policy statement 98

sample policy statements 98--99

noncampus 12, 14

on-campus 12, 14

state crime log. *See under* crime log

statutory age of consent. *See also under* sex offenses,\
non-forcible sex offenses 27, 29

statutory rape. *See also under* sex offenses,\
non-forcible sex offenses 27, 29

student financial aid programs, examples of. *See under* Title IV
eligibility

student teachers 16

study abroad, disclosing crimes for 20

summons. *See* *under* arrests, definition of

**T**

third party 12, 15, 23

crime reports from 23

written contract with 12, 15

timely warning 4, 61--65, 87

cite for 4, 61

crimes exempt from 62

decision to issue 62

FERPA, relation to 63

information to include in 62

policy statement on 61, 87

sample policy statement 87

sample warnings 64--65

Title IV eligibility 9, 10

deferment only status 10

examples of student financial aid programs 9

Program Participation Agreement 9

traffic violations (moving) 68

trespass. *See* *under* burglary, classifications of

**U**

Unfounded crimes 70, 80

*Uniform Crime Reporting Handbook* (*UCR*). *See* *under* Federal Bureau
of Investigation (FBI)

**V**

violations of law. *See* drug law violations; illegal weapons
possession; liquor law violations

voluntary confidential reporting 90, 95

policy statement regarding institutional\
procedures for allowing 90

sample policy statement 90

policy statement regarding procedures for pastoral and professional
counselors 95

sample policy statements 95

**W**

weapons, illegal possession of. *See under* arrests, crimes disclosed
under; referrals for disciplinary action, crimes disclosed under

Web-based data collection 4, 5, 6, 52, 79, 80, 115--132

annual submission cite 5

description of 115

Help Desk contact information 115

institution identification 119

locking data 129

login information 116--117

password information 115, 117, 130

printing 129

registration 118, 130

screening questions 121

Web site, accessing 115--117

withholding information. *See* under crime log

witness. *See* reported crimes, definition of

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| ![](medi      | **U.S. DEPARTMENT OF EDUCATION**                     |
| a/image1.wmf) |                                                      |
|               | **OFFICE OF POSTSECONDARY EDUCATION**                |
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