The Handbook for Campus Crime Reporting

![](media/image1.jpeg){width="4.939583333333333in"
height="5.8597222222222225in"}

**U.S. DEPARTMENT OF EDUCATION**

**OFFICE OF POSTSECONDARY EDUCATION**

**2005**

The Handbook for Campus Crime

Reporting

**Prepared for:**

U.S. Department of Education

Office of Postsecondary Education

**By:**

Westat

Diane Ward

Janice Lee

+-----------------------------------------------------------------------+
| **U.S. Department of Education**                                      |
|                                                                       |
| Margaret Spellings                                                    |
|                                                                       |
| *Secretary*                                                           |
+-----------------------------------------------------------------------+
| **Office of Postsecondary Education**                                 |
|                                                                       |
| Sally L. Stroup                                                       |
|                                                                       |
| *Assistant Secretary*                                                 |
+-----------------------------------------------------------------------+
| **Office of Postsecondary Education**                                 |
|                                                                       |
| **Policy and Budget Development Staff,**                              |
|                                                                       |
| **Policy, Planning and Innovation**                                   |
|                                                                       |
| David Bergeron                                                        |
|                                                                       |
| *Director*                                                            |
+-----------------------------------------------------------------------+

**June 2005**

This report is in the public domain. Authorization to reproduce it in
whole or in part is granted. While permission to reprint this
publication is not necessary, the citation should be: U.S. Department of
Education, Office of Postsecondary Education, *The Handbook for Campus
Crime Reporting*, Washington, D.C., 2005.

**To order copies of this report,**

**write** to: ED Pubs, Education Publications Center, U.S. Department of
Education, P. O. Box 1398, Jessup, MD 20794--1398; or

**fax** your request to: (301) 470--1244; or

**e-mail** your request to: <edpubs@inet.ed.gov>; or

**call** **in** your request toll--free to: (877) 433--7827
(877--4--ED--PUBS). If 877 service is not yet available in your area,
call (800) 872--5327 (800--USA--LEARN). Those who use a
telecommunications device for the deaf (TDD) or a teletypewriter (TTY),
should call (877) 576--7734; or

**order online** at: www.edpubs.org.

This report is also available on the Department's Web site at
www.ed.gov/admins/lead/safety/campus.html.

On request, this publication is available in alternate forms, such as
Braille, large print or computer diskette. For more information, please
contact the Department's Alternate Format Center at (202) 260-9895 or
(202) 205-8113.

This project was funded at least in part with federal funds from the
U.S. Department of Education under contract number ED-99-CO-0109 with
Westat. The contracting officer's representative was Nancy Borkow. The
content of this publication does not necessarily reflect the views or
policies of the U.S. Department of Education nor does mention of trade
names, commercial products, or organizations imply endorsement by the
U.S. Government.

contents

List of Illustrations v

Foreword vii

Acknowledgments ix

Section 1: An Overview of *Clery Act* Compliance

Introduction 1

1\. What's This All About Anyway? A Brief History of the *Clery Act* and
a Description of Compliance Requirements 3

2\. Important Turns on the Road to Compliance: Campus Characteristics to
Consider 9

Section 2: Crime Data

3\. Knowing What to Disclose: Classifying and Defining *Clery Act*
Crimes 23

4\. Where Do You Get All of This Information? Collecting Crime Data 49

Section 3: Ongoing Disclosure Requirements

5\. Alerting Your Campus to Threats: The Timely Warning 61

6\. Writing It All Down: The Daily Crime Log 67

Section 4: Annual Disclosure Requirements

7\. Adding It All Up: How to Count *Clery Act* Crimes 75

8\. Not Just a Numbers Game: Disclosing Information About Policies,
Procedures and Programs 85

9\. Special Considerations: Policies Regarding Sex Offenses and
Offenders 103

10\. Getting the Word Out: Distributing the Annual Security Report 111

11\. Submitting Crime Statistics to the U.S. Department of Education:\
Web-Based Data Collection 115

**Appendices**

A. The *Clery Act* Regulations 133

B. Checklist for *Clery Act* Compliance 161

C. Case Management Division Contact Information 167

D. Sample Map 171

E. Additional FBI Guidance on Crime Classification 175

F. Sample Statistical Reporting Templates 183

G. Section 120(a)--(d) of the *Higher Education Act* (HEA) 193

Index 195

Illustrations

**Figures**

Sample Letter to Campus Security Authorities 52

Sample Request for Statistics From Local Police 57

Sample Timely Warnings 64

Timely Notification Bulletin 65

Sample Daily Crime Log 68

Sample Crime Statistics Table 82

Sample Policy Statement Addressing Timely Warnings 87

Sample Policy Statement Addressing Preparation of Disclosure of Crime
Statistics 88

Sample Policy Statement Addressing the Reporting of Criminal Offenses 89

Sample Policy Statement Addressing Voluntary Confidential Reporting 90

Sample Policy Statement Addressing Limited Voluntary Confidential
Reporting 90

Sample Policy Statement Addressing Security and Access 91

Sample Policy Statement Addressing Campus Law Enforcement (For
Institutions Whose Police Have Arrest Authority) 92

Sample Policy Statement Addressing Campus Law Enforcement (For
Institutions Whose Police Do Not Have Arrest Authority) 93

Sample Policy Statement Addressing the Encouragement of Accurate and
Prompt Crime Reporting 94

Sample Policy Statement Addressing Counselors (For Institutions With
Confidential Reporting Procedures) 95

Sample Policy Statement Addressing Counselors (For Institutions Without
Confidential Reporting Procedures) 95

Sample Policy Statement Addressing Security Awareness Programs 96

Sample Policy Statement Addressing Crime Prevention Programs 97

Sample Policy Statement Addressing Criminal Activity Off Campus (For
Institutions Whose Police Monitor Off- Campus Activity) 98

Sample Policy Statement Addressing Criminal Activity Off Campus (for
Institutions Whose Police Do Not Monitor Off-Campus Activity) 99

Sample Policy Statement Addressing Alcoholic Beverages 99

Sample Policy Statement Addressing Illegal Drugs 100

Sample Policy Statement Addressing Substance Abuse Education 101

Sample Policy Statement Addressing Sex Offenses 107

Addressing Sex Offender Registration (For Institutions Maintaining a
List of Registered Sample Policy Statement Sex Offenders On-Site) 109

Sample Policy Statement Addressing Sex Offender Registration (For
Institutions Providing an Electronic Link To Registered Sex Offender
Information Maintained by an Outside Law Enforcement Agency) 110

Sample Policy Statement Notice of Availability of Annual Security Report
113

**Table**

1 Components of *Clery Act* Compliance 6

*This page intentionally left blank.*

**Foreword**

Campus security and safety are important issues in postsecondary
education today. Providing students nationwide with a safe environment
in which to learn and keeping students, parents and employees well
informed about campus security are goals that have been voiced by many
groups. These goals were advanced by the *Crime Awareness and Campus
Security Act of 1990*. The U.S. Department of Education (ED) is
committed to ensuring that postsecondary institutions are in full
compliance with this act, and that the enforcement of the act remains a
priority.

Compliance with this act, now known as the *Jeanne Clery Disclosure of
Campus Security Policy and Campus Crime Statistics Act*, or *Clery Act*,
provides students and families, as higher education consumers, with the
information they need to make informed decisions. This handbook was
designed to assist you, in a step-by- step and readable manner, in
meeting the regulatory requirements of the *Clery Act* by guiding you
through the regulations and explaining what they mean and what they
require your institution to do. For example, this handbook contains
references to specific sections of the regulations, highlights important
information in side notes, and provides examples of documents that can
be used as models for your institution. And, since no handbook could
cover every situation, it also provides you with contact information if
you need further assistance.

We hope that you will find *The Handbook for Campus Crime Reporting* to
be a useful tool in assisting you in complying with the *Clery Act.* We
urge you to share the information it contains with everyone involved
with *Clery Act* compliance at your institution.

*This page intentionally left blank.*

**Acknowledgments**

The authors wish to thank the many individuals whose contributions made
this handbook a reality. First to David Bergeron, the OPE project
officer, thank you for your support, encouragement and willingness to
listen to all sides of the issue.

To all of the members of the working group, S. Daniel Carter,\
Lori England, Julius Goaneh, Susan Hattan, Michael Lance, Roderick
Pullen, Michael Schuchert, Chris Simmons, Dolores Stafford and Michael
Webster, thank you for your advice, incredible patience and good humor
throughout this process. We owe an additional debt of gratitude to Susan
Hattan and Michael Schuchert for their willingness to endure even more
meetings to help us understand and address compliance issues for
"non-traditional" campuses. And to Daniel Carter and Dolores Stafford,
an extra thank you for the countless hours you spent outside of the
working group meetings serving as sounding boards for our ideas,
debating issues with us and helping us to craft wording that will make
the compliance process understandable to all concerned.

Thank you also to Joe Mike and Barbara Bauman from OPE, and outside
reviewers Alan MacNutt, John Wesley Lowery, Doug Tuttle, Steven Goldman,
and countless others who reviewed the handbook, provided valuable
suggestions, and participated in the field testing of the training
program over the past year.

This handbook would be less than complete without the contributions of
the many institutions who gave us permission to use examples of their
policy statements, forms and maps to illustrate compliance. Our thanks
goes to the following: University of Wyoming; James Madison University;
San Diego State University; California State University, Long Beach;
University of California, Irvine; University of New Mexico, Albuquerque;
McDaniel College; University of Tennessee, Chattanooga; Montgomery
College, Maryland; George Washington University; Strayer University;
Tufts University; California State University, Los Angeles; Vanderbilt
University; California State University, Fresno; University of
California, San Diego; Cayuga Community College; Dodge City Community
College; Virginia Polytechnic Institute and State University; Hollins
University; and University of California System.

And a special thanks to Sylvie Warren who worked her formatting magic
every time the working group decided to reorganize the handbook.

*This page intentionally left blank.*

**Section 1:**

**An Overview of\
*Clery Act* Compliance**

This section is designed to give you an overall picture of what
institutions must do to comply with the *Clery Act*. The introduction
provides a brief overview of the handbook. Chapter 1 identifies the
components involved in compliance, and Chapter 2 helps you to determine
what compliance involves for your specific institution.

**Introduction**

So... your institution has assigned to you the job of coordinating
compliance with the *Clery Act* and you'd like to know more about what
that means. Note that we've used the term "coordinate" here because this
is not a one-person job. Most institutions will find it necessary to
coordinate compliance activities with many people and offices throughout
the campus community. This fact will become much clearer to you as you
work your way through this handbook.

You may be a security officer, an institutional research director, an
administrative assistant or the president of the school. Your
institution may occupy two rooms in a multistory building, several city
blocks, or 100 acres surrounded by a small town. No matter what your
administrative position or the size of your institution, you have
essentially the same compliance responsibilities as every other
institution that participates in federal Title IV student aid programs.
(More about Title IV in Chapter 2.)

Compliance with the *Clery Act* is not simply a matter of entering
statistics into a Web site or publishing a brochure once a year.
Compliance is a whole system of developing policy state-ments, gathering
information from all the required sources and translating it into the
appropriate categories, disseminating information, and, finally, keeping
records. Many people at your institution---from the president on
down---should be involved.

This handbook is a compilation of current U.S. Department of Education
(ED) guidelines. It also incorporates scenarios, examples, and issues
discussed in multiple sessions of a working group composed of
representatives of ED, the Federal Bureau of Investigation (FBI), the
International Association of Campus Law Enforcement Administrators
(IACLEA), Security on Campus (SOC), and various other stakeholders.

The handbook will lead you through the process of compliance
step-by-step. It may not have the answers to all your specific
questions, but it will explain the why, what, who, when and how of
*Clery Act* compliance.

**This handbook will:**

-   Provide you with a detailed discussion of *Clery Act* compliance,
    including sample policy statements, record-keeping forms and helpful
    practices;

-   Provide clear, step-by-step instructions for those of you with
    little or no experience complying with the *Clery Act* requirements;

-   Provide information for experienced individuals or offices to assist
    in satisfying compliance requirements;

-   Provide detailed discussions about how the regulations apply in
    certain situations; and

-   Provide examples of how to classify and count *Clery Act* crimes.

**This handbook will not:**

-   Impact or change current *Clery Act* regulations in any way.

-   Supplant or replace the *Higher Education Act of 1965* (HEA). The
    HEA and its regulations take precedence if or when there are any
    differences between them and the handbook. Your institution is
    responsible for ensuring that it complies with any changes to the
    HEA and the regulations.

-   Discuss security issues that are not addressed in the regulations
    (e.g., how to increase funding for your institution's security
    department).

If you are experienced with *Clery Act* compliance, you may be asking
yourself whether you actually need a campus crime reporting handbook.
Maybe you're wondering if you need to read it all the way through. If
so, you will find that the handbook includes numerous suggestions that
may make your task easier while providing complete information for
everyone involved in *Clery Act* compliance.

We suggest that you read this material carefully, think about how it
applies to your situation, and then read it again. If you still have
questions, understand that you are not alone. Many people who have been
involved with this effort from the beginning still have questions. To
address everyone's concerns, an e-mail Help Desk has been established
and can be accessed at

CrimeHandbookQuestions@ed.gov.

^Chapter^ **1 What's This All About? Anyway? A Brief History of the
*Clery Act* and a Description of Compliance Requirements**

Choosing a postsecondary institution is a major decision for students
and their families. Along with academic, financial and geographic
considerations, the issue of campus safety is a vital concern. In 1990,
Congress enacted the *Crime Awareness and Campus Security Act* (Title II
of Public Law 101--542), which amended the *Higher Education Act of
1965* (HEA). This act required all postsecondary institutions
participating in Title IV student financial aid programs to disclose
campus crime statistics and security information. The act was amended in
1992, 1998 and 2000. The 1998 amendments renamed the law the *Jeanne
Clery Disclosure of Campus Security Policy and Campus Crime Statistics
Act* in memory of a student who was slain in her dorm room in 1986. (See
Appendix A for a detailed legislative history of the *Clery Act*.)

The *Clery Act* requires higher education institutions to give timely
warnings of crimes that represent a threat to the safety of students or
employees, and to make public their campus security policies. It also
requires that crime data are collected, reported and disseminated to the
campus community and are also submitted to ED. The act is intended to
provide students and their families, as higher education consumers, with
accurate, complete and timely information about safety on campus so that
they can make informed decisions.

What Is Your Institution Obliged to Do?

To be in compliance with *Clery Act* regulations, your institution has
several obligations. These fall into three main categories: 1) policy
disclosure; 2) records collection and retention; and 3) information
dissemination.

1\. Policy disclosure

Your institution must provide your campus community and the public with
accurate statements of its current policies and practices regarding:

-   Procedures for students and others to report criminal actions or
    other emergencies occurring on campus;

-   Security of and access to campus facilities; and

-   Campus law enforcement.

The regulatory requirements regarding these policy statements are
discussed in detail in Chapters 8 and 9 of this handbook.

2\. Records collection and retention

Your institution is required to keep some campus records and to request
records from law enforcement agencies.

-   You must keep records of crimes reported to campus security
    authorities.

-   Your institution must also make a reasonable good-faith effort to
    obtain certain crime statistics from appropriate law enforcement
    agencies to include in an annual security report and the Web-based
    report to ED. \[Local police statistics cite 34 CFR 668.46(c)(9)\]

-   **If your institution maintains a campus police or security
    office**, you are required to keep a daily **crime log** that must
    be open to public inspection. \[Crime log cite 34 CFR 668.46(f)\]

Suggestions for how to request data from local authorities can be found
in Chapter 4. The crime log and its requirements, along with an example
of a typical crime log, are discussed in detail in Chapter 6.
Records-retention requirements are found in Chapter 10.

3\. Information dissemination

To provide campus community members with information necessary to make
informed decisions about their safety, you must disseminate information
in several ways. You must:

-   Provide a "timely warning" of any *Clery Act* crime that might
    represent an ongoing threat to the safety of students or employees;
    \[Timely warning cite 34 CFR 668.46(e)\]

-   Provide access to your crime log during normal business hours;

-   Publish an annual security report and distribute it to all current
    students and employees, and inform prospective students and
    employees about the content and availability of the report; \[Annual
    security report cite 34 CFR 668.46(b)\]

-   Inform the campus community where to obtain information about
    registered sex offenders; and

-   Submit your institution's crime statistics to ED through our
    Web-based data collection system. \[Annual submission cite 34 CFR
    668.41(e)(5)\]

Requirements and suggestions for providing a timely warning report
system are presented in Chapter 5. A complete discussion of the crime
log can be found in Chapter 6. A detailed description of the
requirements for the annual security report is found in Chapters 7--10.
Sex offender registry information is included in Chapter 9. Finally,
Chapter 11 discusses the requirements of the report to ED.

Who Must Be Involved?

All postsecondary institutions, both public and private, that
participate in federal Title IV student aid programs are required to
comply with the *Clery Act* regulations. Although *Clery Act* compliance
is an *institutional* responsibility, full compliance is a campus-wide
effort, and concerns all members of the campus community. Policy
statements must be developed and crime reports must be collected from a
wide variety of campus security authorities. \[Campus security authority
cite 34 CFR 668.46(a)\]

These authorities include:

-   Campus police;

-   Non-police security staff responsible for monitoring campus
    property;

-   Individuals and offices designated by the campus security policies
    as those to whom crimes should be reported; and

-   Officials of the institution with significant responsibility for
    student and campus activities.

A complete description of these requirements, including identifying
campus security authorities, informing them of their responsibilities,
and gathering appropriate data from them, is contained in Chapter 4.

Note that all institutions receiving Title IV funds, whether or not they
maintain any type of campus police or security department, are required
to comply with the *Clery Act*.

When Must These Things Happen?

Compliance with the *Clery Act* is not a once-a-year event. As you by
now are aware, many requirements must be satisfied before an institution
can be considered in full compliance. Some requirements are ongoing,
such as policy implementation, timely warnings, and crime log updating,
while other requirements are less frequent, such as the annual security
report and the crime statistics report that is submitted to ED.

Table 1.1 is an overview of the basic requirements and time frames for
the main components of compliance. The details and explanations for each
requirement are contained in the remaining chapters in this handbook.
Appendix B provides a checklist for *Clery Act* compliance.

table 1---Components of *Clery Act* compliancE

  -------------------- ------------------ ------------------ ----------------
  **What?**            **When?**          **To Whom?**       **Chapter(s)**

  **Development,       Routinely on an    All members of the 8--9
  disclosure and       ongoing basis.     campus community.  
  implementation** of                                        
  all campus security                                        
  policies.                                                  

  **Timely warnings**  Whenever there is  All members of the 5
  to alert the campus  a threat that a    campus community.  
  community about      crime is ongoing                      
  crimes that pose a   or may be repeated                    
  serious or           (i.e., as soon as                     
  continuing threat to the information                       
  safety.              becomes                               
                       available).                           

  \***A** **daily      Updated daily as   Must be made       6
  crime log** that     crimes are         available for      
  lists, by date       reported.          public inspection  
  reported, all crimes                    without exception. 
  reported to the                                            
  campus police or                                           
  security department.                                       

  **Annual security    Must be published  Current students   7--10
  report** containing  and distributed    and employees      
  campus security      annually by        individually.      
  policy disclosures   October 1. There   Prospective        
  and crime statistics is no grace        students and       
  for the previous     period.            employees notified 
  three years.                            of availability of 
                                          report.            

  **Report to ED** of  Each fall, on the  Made available for 11
  statistics for       dates provided by  public inspection. 
  *Clery Act* crimes   ED in a letter to                     
  via designated Web   your institution.                     
  site.                                                      
  -------------------- ------------------ ------------------ ----------------

\*A crime log is mandatory for all institutions that maintain a campus
police or security department.

Before Moving On

Now that you know the basics of *Clery Act* compliance, you need to be
aware of the consequences of noncompliance. In addition to providing
guidance on the implementation of *Clery Act* regulations and collecting
and disseminating crime data to Congress and the public, the U.S.
Department of Education is also responsible for monitoring compliance.

ED can issue civil fines up to \$27,500 **per violation** for a
substantial misrepresentation of the number, location or nature of the
crimes required to be reported. Final Review Determination Reports are
public records. ED's Program Review Guide can be accessed at
[www.ifap.ed.gov](http://www.ifap.ed.gov/). \[Civil penalty cite 20
U.S.C 1092(f)(13) and 1094(c)(3)(B)\]

It is therefore important that you read the following chapters
carefully, think about how they apply to your situation, and then review
them again. Use this handbook as a desk reference as you set up your
policy and data collection system. Keep timely and complete records, and
ask for help if necessary.

*This page intentionally left blank.*

^Chapter^ **2 Important Turns on the Road to Compliance: Campus
Characteristics to Consider**

Although compliance requirements are essentially the same for all
institutions, the route to satisfying them will not be the same for all.
Ask yourself the following questions about your institution to determine
the route you should take.

Does My Institution Participate in\
Federal Title IV Programs?

All public and private postsecondary institutions that participate in
federal Title IV student aid programs must comply with the *Clery Act*
regulations. Title IV institutions have signed Program Participation
Agreements (PPAs) with ED to administer federal student aid programs.
These programs include: Pell Grants; Federal Supplemental Educational
Opportunity Grants (FSEOGs); the Federal Work Study Program; Federal
Plus Loans; the Federal Family Education Loan Program (FFELP); the
Direct Loan Program; and the Leveraging Educational Assistance
Partnership (LEAP). If you are not sure whether your institution
participates in Title IV, contact your institution's financial aid
officer or chief executive officer. Note that:

-   Your institution must comply with *Clery Act* requirements beginning
    on the date your Program Participation Agreement goes into effect
    (i.e., the date it is signed by the secretary of education).

    For institutions that become Title IV eligible at times other than
    at the start of a calendar year, there are special considerations.
    Upon signing your PPA, you are required to develop policy
    statements, issue timely warning reports if necessary, and keep a
    crime log if your institution maintains a campus police or security
    department. However, you will need to contact ED's School
    Eligibility Channel (formerly the Office of Case Management and
    Oversight) for guidance regarding your institution's statistical
    disclosure requirements.

    Crime statistics are disclosed each year for the previous three
    years. For example, if your institution became Title IV eligible in
    July 2004, you would not have collected any *Clery Act* crime
    statistics prior to that date. Because it takes some time and
    coordination to begin collecting crime statistics, you will need
    guidance in determining the date for which your institution is
    responsible for beginning its crime statistics reporting. The School
    Eligibility Channel will make this decision on a case-by-case basis.
    Contact information for the appropriate division is provided in
    Appendix C.

-   If your institution is Title IV eligible, but has a location or
    locations that serve students who are not receiving Title IV student
    aid, you must still comply with the *Clery Act* for all locations.
    The requirement is based on institutional eligibility, not location
    eligibility.

-   If your institution is not a Title IV institution or has a
    "deferment only" status (i.e., it does not provide student loans or
    grants through Title IV programs but does have students who are
    eligible to defer federal student loans while they are enrolled in
    your school), you are not required to comply with the *Clery Act*.

**If you have determined that your institution is *not* a Title IV
institution, you are not required to comply with the *Clery Act*. If
your institution is a Title IV institution, read on.**

Does My Institution Maintain a Campus Police or Security Department?
\[Crime log cite

34 CFR 668.46(f)(1)\]

Most institutions with a campus setting have a campus police or security
department. Some institutions choose not to provide these services with
institution staff, and instead contract with a private company to handle
campus security. Others have agreements with municipal, county or state
law enforcement agencies for security services. It doesn't matter if
your security staff is paid by your institution or by a contractor, or
if you have one security officer or a police department. Any of these
arrangements put your institution in the category of "having a security
department."

If local law enforcement patrols on or near your campus, but your
institution does not have an arrangement or contract with the police for
this service, your institution is not required to maintain a crime log
for *Clery Act* purposes. The campus security policy statement you
disclose in your annual security report should indicate if your campus
security personnel constitute a campus police or security department
(more about this in Chapter 8). This is an important distinction because
any institution that has a security department is required to maintain a
crime log.

If your institution has an individual or individuals with limited
responsibility for campus security (e.g., someone monitoring access to a
campus building by checking student IDs) but who do not constitute a
police or security department, your institution is not required to
maintain a crime log. If your institution does not maintain a police or
security department, but leases classroom space in a building with
security personnel employed or contracted by your landlord, you are not
required to keep a daily crime log. The requirements of the crime log
are detailed in Chapter 6.

**Does your institution maintain a police or security department? If so,
you are required to keep a crime log. If not, your institution is not
required to keep a crime log; however, you must meet all other *Clery
Act* requirements.**

What Geographic Area Is Associated with My Campus? \[Geographic
breakdown cite 34 CFR 668.46(c)(4)\]

The *Clery Act* requires that institutions disclose statistics for
offenses committed in certain geographic locations associated with the
institution. For example, if a burglary is reported to the campus
police, it should be included in the annual security report only if it
occurred in one of the following locations: on campus, in or on a
noncampus building or property, or on public property within or
immediately adjacent to and accessible from the campus. All crimes,
including hate crimes (discussed in Chapter 3), must be disclosed by
geographic location. These locations have definitions specific to the
*Clery Act* and are described in detail next.

**On Campus** \[Geographic definitions cite 34 CFR 668.46(a)\]

> *Any building or property owned or controlled by an institution within
> the same reasonably contiguous geographic area and used by the
> institution in direct support of, or in a manner related to, the
> institution's educational purposes, including residence halls; and*
>
> *Any building or property that is within or reasonably contiguous to
> paragraph (1) of this definition, that is owned by the institution but
> controlled by another person, is frequently used by students, and
> supports institutional purposes (such as a food or other retail
> vendor).*

**What does this mean?**

"On campus" is what most people traditionally think of as the main part
or core of an institution. A building or property that an institution
owns, rents or leases is considered to be "controlled by" the
institution. A building or property that is owned by a third party that
has a written contract with the institution is also considered to be
controlled by the institution. "Reasonably contiguous" requires some
judgment on the part of the institution. A building or property would be
considered reasonably contiguous if: 1) it is in a location that you
consider to be, and treat as, an integral part of your main or core
campus; and 2) it is covered by the same security policies as that
campus. Therefore, on-campus includes buildings and property that are in
the same general location and that fit into one of two types:

a\) Owned or controlled by the school and used to meet or support the
school's educational purposes. This includes residence halls. Examples
of other buildings or property are:

-   Buildings that house classrooms and labs.

-   Buildings that house administrative offices such as financial aid,
    business and admissions.

-   Fraternity and sorority houses. This includes only those houses
    located on campus that are owned or controlled by the institution.
    This does not include fraternity or sorority houses on campus that
    are owned or controlled by the fraternity or sorority. In cases
    where the institution owns the property, but the fraternity or
    sorority controls the building, the house is considered on campus.
    The institution's ownership of the property takes precedence over
    the student organization's control. Note that this rule of ownership
    having precedence over control applies only to fraternity or
    sorority houses.

```{=html}
<!-- -->
```
-   Student activity centers.

-   Health clinics.

-   Storage facilities (e.g., facilities used to store lab equipment or
    building supplies).

    b\) Owned but not controlled by the school, frequented by students,
    and used to support the institution's purposes. Examples are:

```{=html}
<!-- -->
```
-   Food vendors; and

-   Book stores.

**"Dormitories or other residential facilities for students on campus"
is a subset of the on-campus category.** Institutions must disclose the
total number of on-campus crimes, *including* those in dorms or other
residential facilities for students on campus, and must also make a
separate disclosure limited to the number of crimes occurring in student
dorms or residential facilities on campus. As a subset, the number of
crimes reported for dormitories or other residential facilities must be
less than or equal to the number of reported crimes for the on-campus
category. \[34 CFR 668.46(c)(4)(ii)\]

Do not include faculty-only residence facilities in this category.
Faculty housing that is owned or controlled by the institution and which
is located within the confines of the campus falls under the on-campus
category only.

**If your institution does not have dormitories or residential
facilities for students on campus**, you may omit this location from the
statistical section of your annual security report. You must, however,
provide an explanation clearly stating that your institution does not
have such facilities. Note that if your institution has dormitories or
other facilities for students on campus, you must include this location
in your statistical disclosure even if there were no crimes reported
there. You should enter a zero (0) for each type of crime. Do not leave
blanks and do not omit the residential location from your disclosure.

A Noncampus Building or Property \[34 CFR 668.46(c)(4)(iii) and
definitions\]

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

*Any building or property owned or controlled by an institution that is
used in direct support of, or in relation to, the institution's
educational purposes, is frequently used by students, and is not within
the same reasonably contiguous geographic area of the institution.*

**What does this mean?**

Any building or property that is either owned or controlled by an
officially recognized student organization is considered to be a
"noncampus" location. Whether the building or property is located on
campus or off campus is irrelevant. If it is owned or controlled by a
recognized student organization, it is noncampus for *Clery Act*
purposes.

Use the following guidelines to help you determine whether crimes
reported for a fraternity or sorority house are classified as on campus
or noncampus.

**For an on-campus crime:**

-   The building is owned or controlled by the institution and is
    located within the confines of the main campus;

-   The building is owned by the institution, but controlled by a
    fraternity or sorority, and located within the confines of the main
    campus; and

-   The property (land) is owned by the institution, the house is owned
    or controlled by the fraternity or sorority, and the building is
    located within the confines of the main campus.

**For a noncampus crime, the building is:**

-   Owned or controlled by the institution and is located off campus;

-   Owned or controlled by a student organization and is located within
    the confines of the main campus;

-   Owned or controlled by a student organization and is located off
    campus; and

-   Owned by the institution, but controlled by a fraternity or
    sorority, and is located off campus.

The second part of the noncampus definition includes any building or
property not part of the main campus, but not constituting a separate
campus. Note that a building or property must meet all three of the
criteria for this classification: 1) owned or controlled by the
institution; 2) used for its educational purposes; and 3) frequently
used by students.

Examples of properties typically meeting the requirements of noncampus
properties are:

-   Research facilities.

-   University-owned hospitals.

-   An off-campus student housing facility owned by a third party that
    has a written contract with your institution to provide student
    housing. It does not matter whether the rent is paid to the third
    party by the institution on behalf of the students or directly by
    the students (if there is no written contract with the institution,
    there is no requirement to disclose offenses occurring there).

-   A student residential facility owned or controlled by the
    institution, but not located within the same reasonably contiguous
    geographic area of the institution.

-   A publicly owned athletic stadium that is leased by the institution
    for its football games. Report crimes that occur during the time the
    facility is used by your students. If your institution leases
    parking space associated with this facility, you must also disclose
    reports of crimes occurring there during the time of use by your
    institution.

-   Institutionally owned research vessels carrying students
    participating in institutional programs.

-   A site owned or controlled by your institution where a student does
    an internship, externship, clinical training or student teaching. If
    your institution offers additional classes for students in a rented
    or leased location, your disclosure requirements are determined by
    the time covered in the contract. For example, if you lease a floor
    of a building on Tuesdays and Thursdays between the hours of 6:00
    a.m. and 10:00 p.m., you must disclose all *Clery Act* crimes that
    occur in that space on Tuesdays and Thursdays between 6:00 a.m. and
    10:00 p.m.

    If your contract gives you use of that same floor of the building on
    Tuesdays and Thursdays for 24 hours each day, you must disclose
    crimes occurring there during that period of time. It does not
    matter whether or not your students were using the space during the
    time the crimes occurred. In addition, if there is additional space
    associated with the leased or rented space (e.g., stairwell, hallway
    or lobby that must be used to enter and leave the room), you must
    also disclose any reports of crimes occurring there during the time
    covered by your contract.

Examples of properties not considered noncampus:

-   If a group of your students goes on an overnight trip to see a play
    and rents hotel rooms, you do not have to disclose crimes that occur
    in the rooms. Regardless of whether this is a school-sponsored trip
    and regardless of who rents the rooms (i.e., the students or the
    institution), such accommodations do not fit the "frequently used by
    students" criterion.

-   If a group of your students get together every weekend to visit a
    nearby city, and the students rent hotel rooms at the same hotel
    each time, you do not have to disclose crimes that occur in the
    hotel rooms because this is not an institution-sanctioned event and
    the institution has no control over that space.

-   A coffee house located just off campus that is frequented daily by
    students is not controlled by the institution, and you do not need
    to disclose crimes occurring there.

-   If your institution sponsors classes for inmates at a prison
    facility, you are not required to disclose offenses from this
    location because your institution does not own or control that
    space.

-   If your institution owns the land on which a public elementary,
    middle or high school is located, you do not have to disclose crime
    statistics from that location because it is not used for your
    institution's educational purposes.

-   If your institution sends student teachers to a public elementary,
    middle or high school that is not owned or controlled by your
    institution, you are not required to disclose crimes committed
    there. If, however, your institution sends student teachers to an
    elementary, middle or high school that is owned or controlled by
    your institution, you are required to disclose crimes committed
    there.

-   If your institution owns an apartment building and rents apartments
    only to faculty members, you are not required to disclose crimes
    committed there because the building is not frequently used by
    students. However, if these same apartments are rented to students,
    as well as to faculty, or are rented strictly to students, you are
    required to disclose offenses at that location.

```{=html}
<!-- -->
```
-   If your institution has "preferred leasing," that is, you steer
    students toward recommended off-campus housing, but this housing is
    neither owned nor controlled by the institution, you are not
    required to disclose crimes occurring there.

**If your institution does not have any noncampus buildings or property
associated with it**, you may omit this location from the statistical
portion of your annual security report. You must provide an explanation
clearly stating that your institution does not have such buildings or
property.

Note that if your institution does have noncampus buildings or property,
you must include these locations in your statistical disclosure even if
no crimes were reported there. You should enter a zero (0) for each type
of crime. Do not leave blanks and do not omit this location from your
report.

Crimes committed on field trips sponsored by an institution are not
included in an institution's *Clery Act* statistics unless the field
trip was to a noncampus building or property owned or controlled by the
institution.

On Public Property \[34 CFR 668.46(c)(4)(iv) and definitions\]

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

**What does this mean?** You are not required to disclose crime
statistics for public property that surrounds noncampus buildings or
property.

You are required to disclose offenses that occur on **public** property
(property not owned or controlled by your institution and not private
residences or businesses). Only the public property that is within your
campus, or next to or bordering your campus **and** that is easily
accessible from your campus, is included in this definition (i.e., not
public property for the entire jurisdiction surrounding your
institution). For example, a thoroughfare such as a highway that is
immediately adjacent to your institution but is separated by a fence or
other manmade barrier would not be included in this definition because
it is not **accessible** from your campus. Include the sidewalk across
the street from your campus, but do not include public property beyond
the sidewalk. Include publicly owned or municipal parking facilities.
The *Clery Act* does not require you to disclose crime statistics for
public property that surrounds noncampus buildings or property.

Suppose the public property immediately adjacent to an institution is a
park or similar type of area that extends farther than "immediately
adjacent" to your campus. How do you know just how much of this property
to include for purposes of *Clery Act* reporting?

If a park is gated on the side or sides that border your campus, and is,
therefore, not accessible from the campus, crimes committed there are
not disclosed. However, if that same park is not gated, it is considered
accessible, and crimes committed there are considered to have occurred
"on public property." They are, therefore, disclosed. If the gate to the
park is open during specific times and the park is then accessible from
your campus, you must disclose crimes occurring there for the applicable
time period.

For such parks or comparable public areas, we suggest that you use one
mile from your campus borders as your guide. One mile is considered by
ED to be a reasonable walking distance from a campus. If your
institution has special concerns about areas that extend beyond this
parameter, you may provide additional information. Note that this
one-mile suggestion applies *only* to public parks or other comparable
areas. It does not apply to all public property.

One of the intentions of providing this information to students and
others is to allow comparisons between areas where institutions are
located. It is important, therefore, that all institutions define "on
public property" in a similar manner.

**While the use of a map is not required by *Clery Act* regulations,**
some institutions choose to provide a map to help the campus community
better understand where reported crimes were committed. A map may be
used only if it presents an accurate picture of the geographic locations
it depicts. As such, it is imperative that you update your map with each
annual security report, as necessary. If you are reporting for separate
campuses and choose to use maps, you must provide a separate map for
each campus. A sample map is included in Appendix D.

We advise you to keep careful track of your institution's real estate
transactions throughout the year because they may affect disclosure
obligations. If after reading this handbook, you are still unsure how a
building or property fits into the *Clery Act* geographic locations,
e-mail CrimeHandbookQuestions@ed.gov for help.

**Do you know how each geographic location applies to your institution?
Getting this right is one of the keys to accurate crime reporting.**

Does My Institution Have Any Separate Campuses? \[Separate campus cite
34 CFR 668.46(d)\]

Since the whole point of disclosing crime statistics is to make sure
that people are better informed about safety in their local
environments, *Clery Act* requirements must be met individually for each
separate campus. The definition of separate campus is broad and
encompasses many kinds of campuses. A separate campus, by definition, is
an additional location such as a *branch, school or administrative
division that is not reasonably geographically contiguous with the main
campus*.

A branch campus is a specific ED designation. It is defined as *a
location of an institution that is geographically apart and independent
of the main campus of the institution. A location of an institution is
considered independent of the main campus if the location is permanent
in nature, offers courses in educational programs leading to a degree or
other recognized educational credential, has its own faculty and
administrative or supervisory organization, and has its own budgetary
and hiring authority.* \[Branch campus definition cite 34 CFR 600.2\]

For *Clery Act* purposes, an administrative division of an institution
is *an academic division that offers an organized program of study but
is not geographically contiguous to the campus. Administrative divisions
include schools of business, law, medicine or nursing, which have
separate facilities and administrative offices.* Therefore, if you have
one main campus, a branch campus and a satellite location, all three
must comply separately with the *Clery Act*.

Although this covers most multilocation institutions, some less typical
cases deserve further clarification.

-   Separate *Clery Act* compliance is required both for U.S.-owned
    foreign institutions as well as branches of domestic institutions
    that are located abroad.

-   If your institution sends students to study abroad or to exchange
    programs at institutions that you do not own or control, you are not
    required to disclose crimes occurring there.

-   If your institution shares a campus with another Title IV
    institution, each must comply separately. Do not divide the property
    for reporting purposes.

-   If your institution has multiple campuses each located in different
    geographically separate buildings that are rented or leased by your
    institution, compliance requirements must be met separately for each
    location. If your institution does not rent or lease the entire
    building, you are to disclose only crimes that occur in the space
    your institution occupies for the time you rent or lease that space.
    Remember to disclose reports of crimes occurring on public property
    for each location.

-   If your institution's campus consists solely of rented classroom
    space on the campus of another institution, you must disclose crimes
    that occur in that classroom space while it is occupied by your
    students.

-   If your institution has an additional location that offers on-line
    distance education *only*, that location is not required to comply
    with the *Clery Act*.

If the situation at your institution is different than any of the
abovementioned examples, e-mail

CrimeHandbookQuestions@ed.gov for assistance before making any reporting
decisions.

**Does your institution have any separate campuses? If the answer is
yes, keep this in mind as you continue reading this handbook. Each
separate campus requires separate *Clery Act* compliance.**

Now, let's talk about just exactly what crimes need to be disclosed and
how they should be categorized.

**\
Section 2:**

**Crime Data**

Now that you have read an overview of *Clery Act* compliance, the next
step is to familiarize yourself with the crime data you need to
disclose. This information is applicable to timely warnings, the crime
log, the annual security report, and the Web-based report to ED.

We will take it step-by-step. Chapter 3 discusses how to classify
crimes, while Chapter 4 addresses how to collect crime data from various
sources. Note that while the discussion of each type of crime includes a
statement about how the crime is counted, a detailed explanation of
counting crimes is provided in Chapter 7.

*This page intentionally left blank.*

^Chapter^ **3 Knowing What to**

**Disclose: Classifying and Defining *Clery Act* Crimes**

Your institution is required to disclose crime statistics based on four
factors: 1) where the crime occurred; 2) the type of crime; 3) to whom
the crime was reported; and 4) when the crime was reported. Chapter 2
discussed the applicable geographic locations---on campus, in or on
noncampus buildings or property, or on public property within or
immediately adjacent to and accessible from your campus. This chapter
focuses on the specific *Clery Act* crimes you must disclose, and how
they are defined.

First, you must know what this law means by disclosing "crimes." You are
required to disclose *reported* crimes. A crime is reported when it is
brought to the attention of a campus security authority or the local
police by a victim, witness, other third party, or even the offender. An
institution must disclose crime reports regardless of whether any of the
individuals involved in either the crime itself, or in the reporting of
the crime, are associated with the institution.

If the individual receiving the crime information believes it was
provided in good faith, he or she should document this as a crime
report. *In good faith* means there is a reasonable basis for believing
that the information is not simply rumor or hearsay. That is, there is
little or no reason to doubt the validity of the information.

What you must disclose, therefore, are statistics from reports of
alleged criminal incidents. It is not necessary for the crime to have
been investigated by the police or a campus security authority, nor must
a finding of guilt or responsibility be made. If the institution is in
doubt as to whether a crime has been reported, the institution should
rely on the judgment of law enforcement professionals.

The *Clery Act* requires institutions to disclose three general
categories of crime statistics:

1.  **Types of Offenses**---Criminal Homicide, including:\
    a) Murder and Non-Negligent Manslaughter; and\
    b) Negligent Manslaughter; Sex Offenses including:\
    a) forcible, and b) non-forcible; Robbery; Aggravated Assault;
    Burglary; Motor Vehicle Theft; and Arson.

2.  **Hate Crimes**---Disclose whether any of the above- mentioned
    offenses, or any other crimes involving bodily injury, were hate
    crimes; and

3.  **Arrests and Referrals for Disciplinary Action** for illegal
    weapons possession and violation of drug and liquor laws.

How Are *Clery Act* Crimes Defined?

\[UCR Definitions cite 34 CFR 668.46(c)(7)\] It is very important that
you pay careful attention to crime definitions in order to classify
crimes properly so that your statistical disclosures are in compliance
with the *Clery Act*. The definitions are taken from the Federal Bureau
of Investigation's (FBI's) *Uniform Crime Reporting Handbook* (*UCR*) as
required by *Clery Act* regulations. Keep in mind that the regulations
state that institutions must use the *UCR* for defining and classifying
crimes. The regulations do not state that *Clery Act* crime reporting
must meet *all* *UCR* standards.

You are required to report offenses, not the findings of a court,
coroner, or jury, or the decision of a prosecutor. Classify and count
crimes from the records of calls for service, complaints and
investigations.

Note that crime definitions appear in italics. Much of the wording for
the discussion following the definitions is taken directly from the
*UCR*. Although the *Clery Act* does not require a breakdown of crime
statistics into subcategories (e.g., Burglary--Forcible Entry,
Burglary--Unlawful Entry--No Force, and Burglary--Attempted Forcible
Entry), this information from the *UCR* is provided in this handbook to
help you determine what to include in the overall crime classification
(e.g., Burglary). Some of the crime examples are adapted from the *UCR*,
while others were created for this handbook.

Types of Offenses

**1. Criminal homicide.** These offenses must be separated into two
categories: Murder and Non-Negligent Manslaughter, and Negligent
Manslaughter.

**Murder and Non-Negligent Manslaughter** is defined as *the willful
(non-negligent) killing of one human being by another.*

As a general rule, any death caused by injuries received in a fight,
argument, quarrel, assault or commission of a crime is classified as
Murder and Non-Negligent Manslaughter. You must not classify the
following as Murder and Non-Negligent Manslaughter: suicides, fetal
deaths, traffic fatalities, accidental deaths, assaults to murder and
attempts to murder.

Suicides, traffic fatalities and fetal deaths are excluded; however,
*some* accidental deaths are classified as Manslaughter by Negligence
and will be addressed later. Attempts and assaults to murder must be
classified as aggravated assaults.

Situations in which a victim dies of a heart attack as the result of a
crime are not classified as criminal homicide. A heart attack cannot, in
fact, be caused at will by an offender. Even in instances where an
individual is known to have a weak heart, there is no assurance that an
offender can cause sufficient emotional or physical stress to guarantee
that the victim will suffer a fatal heart attack.

Certain willful killings are classified as justifiable or excusable. In
the *UCR*, justifiable homicide is defined as and limited to *the
killing of a felon by a peace officer in the line of duty, or the
killing of a felon during the commission of a felony, by a private
citizen.* Note that justifiable homicide is not a *Clery Act* crime.

For *Clery Act* purposes, crime counts are based on incidents reported.
Do not classify a killing as justifiable or excusable solely on the
claims of self-defense or on the actions of a coroner, prosecutor, grand
jury or court. Report the willful (non-negligent) killing of one
individual by another, not the criminal liability of the person or
persons involved. **Count one offense per victim.**

> **Examples of Murder and Non-Negligent Manslaughter**
>
> **Scenario 1:** A gunman enters a classroom on campus and kills two
> students and a faculty member before being subdued and arrested. This
> is classified as three on-campus Murder and Non-Negligent Manslaughter
> statistics.
>
> **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. This is classified as one on-campus Murder and Non-Negligent
> Manslaughter statistic.
>
> **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. This is
> classified as one noncampus Murder and Non-Negligent Manslaughter
> statistic.
>
> **Scenario 4:** A non-student is shot and killed during an armed
> robbery on a city-owned sidewalk in front of a campus building. This
> is classified as one public property Murder and Non-Negligent
> Manslaughter statistic.
>
> **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 annual
> security report, as it occurred at a private facility off campus.

**Negligent Manslaughter** is defined as *the killing of another person
through gross negligence.*

As a general rule, any death caused by the gross negligence of another
is classified as Negligent Manslaughter. Deaths of persons due to their
own negligence, accidental deaths not resulting from gross negligence,
and traffic fatalities, are not included in the category Negligent
Manslaughter. The findings of a court, coroner's inquest, etc., do not
affect classifying or counting; these are law enforcement statistics.
**Count one offense per victim.**

> **Example of Negligent Manslaughter**
>
> **Scenario:** Two students are handling a gun at an on-campus
> fraternity house owned by the institution, and one "jokingly" points
> the gun at the other. Jim fires the gun, and Mike is killed. Jim
> claims no knowledge of the gun being loaded. This is classified as one
> Negligent Manslaughter in the on-campus category and in the on-campus
> student housing category.

**2. Sex offenses**. For sex offenses only, definitions from the FBI's
National Incident-Based Reporting System (NIBRS) Edition of the *UCR*
are used. These offenses must be separated into two categories: forcible
and non-forcible. Do not differentiate between attempted and completed
sex offenses in your statistical disclosures. For all sex offenses,
**count one offense per victim.**

**Sex Offenses---Forcible** is defined as *any sexual act directed
against another 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.* There are four types of forcible sex offenses:

-   **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).* This offense includes the
    forcible rape of both males and females.

In cases where several offenders rape one person, count one forcible
rape. Do not count the number of offenders.

If force was used or threatened, the crime should be classified as
forcible rape, regardless of the age of the victim. If no force or
threat of force was used and the victim was under the statutory age of
consent, the crime should be classified as statutory rape. The ability
of the victim to give consent must be a professional determination by a
law enforcement agency.

-   **Forcible Sodomy** is *oral or anal sexual intercourse with another
    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 youth or because of his/her
    temporary or permanent mental or physical incapacity.*

-   **Sexual Assault With an Object** is *the use of an object or
    instrument to unlawfully penetrate, however slightly, the genital or
    anal opening of the body of another 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
    youth or because of his/her temporary or permanent mental or
    physical incapacity.* An object or instrument is anything used by
    the offender other than the offender's genitalia. Examples are a
    finger, bottle, handgun, stick, etc.

-   **Forcible Fondling** is the touching of the private body parts of
    another person for the purpose of sexual gratification, 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 youth or because of his/her temporary or
    permanent mental incapacity. Forcible fondling includes "indecent
    liberties" and "child molesting." \[UCR State Program Bulletin 02-1,
    March 2002, pg. 36\]

> **Examples of Forcible Sex Offenses**
>
> **Scenario 1:** A female student reports that she was forcibly raped
> by an unidentified male while jogging along a campus trail. This is
> classified as one on-campus Forcible Sex Offense.
>
> **Scenario 2:** A female student reports that her ex-boyfriend had sex
> with her in her residence hall room while she was unconscious after a
> night of drinking alcohol. This is classified as one Forcible Sex
> Offense in both the on-campus category and in the on-campus student
> housing category.
>
> **Scenario 3:** A male student reports that another male student
> fondled him in a campus building. This is classified as one on-campus
> Forcible Sex Offense.
>
> **Scenario 4:** A female student reports to the campus police that she
> was forcibly raped in her car in a parking lot on her school's campus
> by students from another college. This is classified as one on-campus
> Forcible Sex Offense.
>
> **Scenario 5:** Three female students report that they were each raped
> by five male students at an off-campus fraternity house owned by the
> fraternity. Each male raped each of the female students. This is
> classified as three noncampus Forcible Sex Offenses.
>
> **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. This is classified as one
> public property Forcible Sex Offense.
>
> **Scenario 7:** A male student slipped a date rape drug into a female
> student's drink at a noncampus fraternity house. 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
> identified 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. This is classified as one noncampus
> Forcible Sex Offense.
>
> **Scenario 8:** A male student slipped a date rape drug into a female
> student's drink at a noncampus fraternity house. Before he could lure
> the victim away from her friends, however, someone noticed what he had
> done and summoned the police. A police officer ascertained that a
> student had slipped a date rape drug into another student's drink, but
> the officer was unable to determine the perpetrator's intent. Because
> the investigating officer was unable to determine intent, the incident
> cannot be counted as a forcible sex offense. The *UCR* program
> considers a date rape drug a poison; therefore, this is classified as
> one noncampus Aggravated Assault (defined in detail later in this
> chapter.)

**Sex Offenses---Non-forcible** are incidents of *unlawful, non-forcible
sexual intercourse.* Only two types of offenses are included in this
definition:

-   **Incest** is *non-forcible sexual intercourse between persons who
    are related to each other within the degrees wherein marriage is
    prohibited by law.*

-   **Statutory Rape** is *non-forcible sexual intercourse with a person
    who is under the statutory age of consent.* If force was used or
    threatened, or the victim was incapable of giving consent because of
    his/her youth, or temporary or permanent mental impairment, the
    offense should be classified as forcible rape, not statutory rape.

**Example of a Non-Forcible Sex Offense**

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). This is classified as one
Non-Forcible Sex Offense both in the on-campus category and in the
on-campus student housing category.

In reporting non-forcible sex offenses, it's important to remember the
following:

-   Not all sex offenses are disclosed under the *Clery Act*. (For
    example, sexual harassment, voyeurism and indecent exposure are not
    reportable offenses under the *Clery Act*.)

-   The only non-forcible sex offenses reportable under the *Clery Act*
    are incest and statutory rape. There are no exceptions.

We recommend that during a training session: 1) the definition of
non-forcible sex offenses should be emphasized for those individuals to
whom crimes are reported; and 2) your institution should double-check
all reports of non-forcible sex offenses to confirm that they fit the
*Clery Act* definition. This does not mean you should investigate the
offense. Just confirm that the description of the offense in the report
fits the definition of either incest or statutory rape.

The statutory age of consent differs by state. For example, in Maryland,
the statutory age of consent is 14 years of age (which means the victim
must be under 14), and the offender must be at least four years older
than the victim. In Nevada, a victim is someone under age 16, and an
offender is someone over age 18. We recommend that you consult your
state's statutes to determine the statutory age of consent.

**3. Robbery.** Robbery is *the taking or attempting to take anything of
value from the care, custody, or control of a person or persons by force
or threat of force or violence and/or by putting the victim in fear.*

Robbery is a vicious type of theft in that it is committed in the
presence of the victim. The victim, who usually is the owner or person
having custody of the property, is directly confronted by the
perpetrator, and is threatened with force or is 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 the crime of robbery, an
assault must not be reported as a separate crime as long as it was
performed in furtherance of the robbery. However, if the injury results
in death, a homicide offense must be reported.

Armed robbery includes incidents commonly referred to as stickups,
hijackings, holdups, heists, carjackings, etc. Carjackings are robbery
offenses in which a motor vehicle is taken through force or threat of
force. In such case, following the Hierarchy Rule, report **only** a
robbery, **not** a motor vehicle theft. (The Hierarchy Rule is discussed
in Chapter 7.) Robberies wherein only personal weapons such as hands,
fists and feet, are used or threatened to be used, may be referred to as
strong-arms or muggings.

The *UCR* considers a weapon to be a commonly known weapon (a gun,
knife, club, etc.) or any other item which, although not usually thought
of as a weapon, becomes one in the commission of a crime. Classify
crimes involving pretended weapons or those in which the weapon is not
seen by the victim, but the robber claims to possess one, as Armed
Robbery. Should an immediate on-view arrest provide that there is no
weapon involved, classify the offense as Strong-Armed Robbery.

Guard against using the public's terminology, such as "robbery of an
apartment" or "safe robbery" when classifying a robbery offense,
inasmuch as the public is referring to a burglary situation.

In analyzing Robbery, the following subheadings are used:

-   **Firearm.** Include robberies in which any firearm is used as a
    weapon or employed as a means of force to threaten the victim or put
    the victim in fear. Attempts are included in this category.

-   **Knife or cutting instrument.** Include robberies in which a knife,
    broken bottle, razor, ice pick or other cutting or stabbing
    instrument is employed as a weapon or as a means of force to
    threaten the victim or put the victim in fear. Attempts are included
    in this category.

-   **Other dangerous weapon.** Include robberies in which a club, acid,
    explosive, brass knuckles, Mace, pepper spray or other dangerous
    weapon is employed or its use is threatened. Attempts are included
    in this category.

-   **Strong-arm---hands, fists, feet, etc.** Include muggings and
    similar offenses in which only personal weapons such as hands, arms,
    feet, fists and teeth are employed or their use is threatened to
    deprive the victim of possessions.

In the absence of force or threat of force, as in pocket-picking or
purse-snatching, the offense must be classified as Larceny--Theft rather
than robbery. However, if in a purse-snatching or other such crime,
force or threat of force is used to overcome the active resistance of
the victim, the offense must be classified as Strong-Arm Robbery.

In any instance of Robbery, **count one offense for each distinct
operation (i.e., incident), including attempts.** Do not count the
number of victims robbed, those present at the robbery, or the number of
offenders when counting this crime.

**Example of Robbery**

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 asked to hand over their wallets. The students comply, and the
three armed men leave without harming the students. This is classified
as one Robbery on public property.

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

The *UCR* considers a weapon to be a commonly known weapon (a gun,
knife, club, etc.) or any other item which, although not usually thought
of as a weapon, becomes one in the commission of a crime.

The categories of Aggravated Assault include assaults or attempts to
kill or murder; poisoning; assault with a dangerous or deadly weapon;
maiming; mayhem; assault with explosives; and assault with disease (as
in cases when the offender is aware that he/she is infected with a
deadly disease and deliberately attempts to inflict the disease by
biting, spitting, etc.). All assaults by one person upon another with
the intent to kill, maim or inflict severe bodily injury with the use of
any dangerous weapon are classified as Aggravated Assault. It is not
necessary that injury result from an aggravated assault when a gun,
knife or other weapon that could cause serious personal injury is used.

Occasionally, it is the practice of local jurisdictions to charge
assailants in assault cases with assault and battery, disorderly
conduct, domestic violence or simple assault, even though a knife, gun
or other weapon was used in the incident. This type of offense must be
classified as Aggravated Assault. **For all types of Aggravated Assault,
count one offense per victim.**

-   **Aggravated Assault---Firearm.** Include all assaults in which a
    firearm of any type is used or is threatened to be used. Assaults
    with revolvers, automatic pistols, shotguns, zip guns, rifles, etc.,
    are included in this category.

-   **Aggravated Assault---Knife or Cutting Instrument.** Include
    assaults wherein weapons such as knives, razors, hatchets, axes,
    cleavers, scissors, glass, broken bottles and ice picks are used as
    cutting or stabbing objects, or when their use is threatened.

-   **Aggravated Assault---Other Dangerous Weapon.** Include assaults
    resulting from the use or threatened use of any object as a weapon
    in which serious injury does or could result. The weapons in this
    category include, but are not limited to: Mace, pepper spray, clubs,
    bricks, jack handles, tire irons, bottles or other blunt instruments
    used to club or beat victims. Attacks by explosives, acid, lye,
    poison, scalding, burnings, etc., are also included in this
    category.

-   **Aggravated Assault---Hands, Fists, Feet, Etc.---Aggravated
    Injury.** Include only the attacks using personal weapons such as
    hands, arms, feet, fists and teeth that result in serious or
    aggravated injury. Consider the seriousness of the injury as the
    primary factor in establishing whether the assault is aggravated or
    simple. Classify the assault as aggravated if the personal injury is
    serious (broken bones, internal injures or stitches required). On
    the other hand, classify the offense as a simple assault if the
    injuries are not serious (abrasions, minor lacerations or
    contusions) and require no more than usual first-aid treatment.

**An Aid for Classifying Assaults**

Careful consideration of the following factors should assist in
classifying assaults:

-   The type of weapon employed or the use of an object as a weapon;

-   The seriousness of the injury; and

-   The intent of the assailant to cause serious injury.

Often, the weapon used or the extent of the injury sustained will be the
deciding factor in distinguishing aggravated from simple assault. In
only a limited number of instances should it be necessary to examine the
intent of the assailant.

Prosecutorial policy in a jurisdiction must not dictate classification
of an assault. Examine and classify assaults according to the standard
*UCR* definitions, regardless of whether they are termed misdemeanors or
felonies by local definitions.

Aggravated assault is a troublesome crime to classify. If a number of
persons are involved in a dispute or disturbance, and the aggressors
cannot be distinguished from the victims, count the number of persons
assaulted as the number of offenses. \[UCR State Program Bulletin 99-1,
Massachusetts, January 1999.\]

**Examples of Aggravated Assault**

**Scenario 1:** Sarah and Anne had a heated argument at a party at a
sorority house owned by the sorority off campus. Sarah grabbed a
lacrosse stick and repeatedly beat Anne across the back with it,
breaking several ribs. This is classified as one Aggravated Assault in
the noncampus category.

**Scenario 2:** Two students are involved in a fist fight in the laundry
room in their dormitory. Both have head injuries and are treated at a
hospital. This is classified as two Aggravated Assaults in both the
on-campus category and in the on-campus student housing category.

**Scenario 3:** Two students were involved in a physical altercation in
a campus parking lot behind their dormitory. Brad pulled a canister of
Mace from his pocket and sprayed Tim in the face, causing him severe
burning and discomfort. Tim fled the scene and sought medical attention.
This is classified as one on-campus Aggravated Assault, because Mace is
considered a weapon.

**5. Burglary.** Burglary is *the unlawful entry of a structure to
commit a felony or a theft.* The *UCR* classifies offenses locally known
as Burglary (any degree); unlawful entry with intent to commit a larceny
or felony; breaking and entering with intent to commit a larceny;
housebreaking; safecracking; and all attempts at these offenses as
Burglary. **Count one offense per each distinct operation.**

The *UCR*'s definition of a structure includes, but is not limited to,
the following:

-   Apartment, barn, cabin, church, condominium, dwelling house,
    factory, garage, house trailer or houseboat (used as permanent
    dwelling), mill, office, other building, outbuilding, public
    building, railroad car, room, school, stable, storage facility,
    vessel (ship) and warehouse.

-   Any house trailer or other mobile unit that is permanently fixed as
    an office, residence or storehouse is considered a structure.

Tents, tent trailers, motor homes, house trailers or other mobile units
that are being used for recreational purposes are not considered
structures. The *UCR* does not consider a telephone booth a structure.

It is important to remember that offenses must be classified according
to *UCR* definitions and not according to state or local codes.

Burglaries of hotels, motels, lodging houses or other places where
lodging of transients is the main purpose can present reporting problems
to law enforcement. If a number of units under a single manager are
burglarized and the offenses are most likely to be reported to the
police by the manager rather than the individual tenants, the burglary
must be reported as a single offense. Examples are burglaries of a
number of rental hotel rooms, rooms in flop houses, rooms in youth
hostels and units in a motel.

If the individual living areas in a building are rented or leased to the
occupants for a period of time that would preclude the tenancy from
being classified as transient, then the burglaries would most likely be
reported separately by the occupants. Such burglaries must be reported
as separate offenses. Examples of the latter type of multiple burglary
would be: the burglaries of a number of apartments in an apartment
house; of the offices of a number of commercial firms in a business
building; of the offices of separate professionals within one building;
or of a number of rooms in a college dormitory.

Unlike a residence hall, however, in which each room is considered to be
a separate dwelling, the various rooms within an academic building are
typically under the control of a single firm (the college or
university). The burglary of an academic structure

would be counted as one offense, regardless of the number of interior
rooms entered or items stolen.

Remember, if lawful entry cannot be proven, classify the crime as a
burglary.

Thefts from automobiles, whether locked or not; shoplifting from
commercial establishments; and thefts from telephone booths, coin boxes,
or coin-operated machines, are all classified as Larceny--Theft
offenses. If the area entered was one of open access, thefts from the
area would not involve an unlawful trespass and would be classified as
Larceny--Theft. A forcible entry or unlawful entry in which no theft or
felony occurs, but acts of vandalism, malicious mischief, etc., are
committed, is not classified as a burglary, provided investigation
clearly established that the unlawful entry was for a purpose other than
to commit a felony or theft. Of course, if the offender unlawfully
entered the structure, a multiple offense exists, and you must classify
the offense as a burglary. (Counting crimes in multiple offense
incidents will be discussed in Chapter 7.)

If a forcible or unlawful entry of a building is made to steal a motor
vehicle, count the offense as a burglary, not motor vehicle theft.

When a question arises as to whether a type of structure comes within
the scope of the burglary definition, look to the nature of the crime
and be guided by the examples set forth. If a question remains, contact
CrimeHandbookQuestions@ed.gov.

-   **Burglary--Forcible Entry.** Include all offenses where force of
    any kind is used to unlawfully enter a structure for the purpose of
    committing a theft or felony. This definition applies when a thief
    gains entry by using tools; breaking windows; forcing windows,
    doors, transoms or ventilators; cutting screens, walls or roofs; and
    where known, using master keys, picks, unauthorized keys, celluloid,
    a mechanical contrivance of any kind (e.g., a passkey or skeleton
    key) or other devices that leave no outward mark but are used to
    force a lock. Also include in this category burglary by concealment
    inside a building followed by exiting the structure.

-   **Burglary--Unlawful Entry--No Force.** The entry of a structure in
    this situation is achieved by use of an unlocked door or window. The
    element of trespass to the structure is essential in this category,
    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 achieved by someone other than the
    tenant who has lawful access**.** (Note that if the area entered was
    one of open access, thefts from the area would not involve an
    unlawful trespass and would be classified as Larceny. The *Clery
    Act* does not require an institution to disclose Larceny
    statistics.)

-   **Burglary--Attempted Forcible Entry.** Include those situations
    where a forcible entry burglary is attempted but not completed. Once
    the thief is inside a locked structure, the offense becomes a
    Burglary--Forcible Entry. Classify attempts to enter an unlocked
    structure as well as actual trespass to an unlocked structure as
    Burglary--Unlawful Entry--No Force. Only situations in which a thief
    has attempted to break into a locked structure are classified as
    Burglary--Attempted Forcible Entry.

> **Examples of Burglary**
>
> *Some of the following examples are adapted from FBI correspondence.
> Copies of the letters are provided in Appendix E.*
>
> **Scenario 1:** A student living in an on-campus residence hall room
> with other students reports an item missing from his room.
>
> **Scenario 2:** When a resident, having lawful access to a structure,
> takes an item from another resident, the proper classification would
> be Larceny--Theft. You are not required to include this in your *Clery
> Act* statistics. 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. If force of any kind is used
> to unlawfully enter a structure for the purpose of committing a theft
> or felony, this is classified as Burglary.
>
> **Scenario 3:** If housekeeping and maintenance personnel who have
> keys and are authorized to gain access only for maintenance tasks,
> enter a room not on the maintenance schedule and steal an item,
> classify the offense as Burglary.
>
> **Scenario 4:** Generally, if an item is missing from a structure, and
> if the individual who took the item is unknown, and if the
> investigating officer has exhausted all avenues leading toward the
> offense of Larceny--Theft, the proper classification is Burglary.
> Classify the offense as one on-campus Burglary and one on-campus
> residential facility Burglary.
>
> **Scenario 5:** 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. Classify
> this as five burglaries in both the on-campus category and on-campus
> student housing category.

**6. Motor Vehicle Theft.** Motor vehicle theft is *the theft or
attempted theft of a motor vehicle.* **Count one offense for each stolen
vehicle.**

Motor Vehicle Theft includes the theft or attempted theft of a motor
vehicle, which the *UCR* defines as a self-propelled vehicle that runs
on land surface and not on rails: for example, sport utility vehicles,
automobiles, trucks, buses, motorcycles, motor scooters, all-terrain
vehicles and snowmobiles are classified as motor vehicles. This category
does not include farm equipment, bulldozers, airplanes, construction
equipment or water craft (motorboats, sailboats, houseboats or jet
skis).

Taking a vehicle for temporary use when prior authority has been granted
or can be assumed, such as in family situations, rental car agreements,
or unauthorized use by chauffeurs and others having lawful access to the
vehicle, must not be classified as motor vehicle thefts.

Classify as Motor Vehicle Theft all cases where automobiles are taken by
persons not having lawful access even though the vehicles are later
abandoned. Include joyriding in this category. If a vehicle is stolen in
conjunction with another offense, classify the crime using the
procedures for classifying multiple offenses (i.e., the Hierarchy Rule,
which is discussed in Chapter 7).

There are three categories of motor vehicles within this classification:

-   **Autos.** Include the thefts of all 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. Automobiles used as taxis are also
    included. Some states allow a station wagon to be registered as a
    truck; however, licensing is not a determining factor. The *UCR*
    stipulates that a station wagon must be classified as an automobile.

-   **Trucks and buses.** Include the theft of those vehicles
    specifically designed (but not necessarily used) to transport people
    and cargo. Pickup trucks and cargo vans, regardless of their uses,
    are included in this category. The *UCR* considers a self-propelled
    motor home to be a truck.

-   **Other vehicles.** Include all other motor vehicles that meet the
    *UCR* definition, such as snowmobiles, motorcycles, motor scooters,
    trail bikes, mopeds, golf carts, all-terrain vehicles and motorized
    wheelchairs. If you are uncertain whether to classify an incident as

Motor Vehicle Theft, we encourage you to contact law enforcement.

Note that Motor Vehicle Theft does not include thefts *from* motor
vehicles. Theft from a motor vehicle is Larceny, which is not a *Clery
Act* crime.

> **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. This
> is classified as one Motor Vehicle Theft on campus.
>
> **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 crime,
> 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
> remote classroom five miles from campus. Do not include this crime,
> because it occurred on public property outside a noncampus location.

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

Report as Arson only fires determined through investigation to have been
willfully or maliciously set. Attempts to burn are included in this
offense, but fires of suspicious or unknown origins are not. Note that
Arson is the only *Clery Act* offense that must be investigated before
it can be included in the statistics. **One offense should be counted
for each distinct Arson operation originating within the reporting
jurisdiction.** If Arson is perpetrated in one locale and spreads to
another, the jurisdiction in which the fire originated must report it.

**Arson--Structural**

This crime category includes:

-   Single occupancy residential (houses, townhouses, duplexes, etc.);

-   Other residential (apartments, tenements, flats, hotels, motels,
    inns, dormitories, boarding houses, etc.);

-   Storage (barns, garages, warehouses, etc.);

-   Industrial/manufacturing;

-   Other commercial (stores, restaurants, offices, etc.);

-   Community/public (churches, jails, schools, colleges, hospitals,
    etc.); and

-   All other structures (out buildings, monuments, buildings under
    construction, etc.).

In classifying the object of an arson as structural, use the guidelines
for defining structures set forth in the discussion of burglary in this
handbook. A house trailer or mobile unit that is permanently fixed as an
office, residence, or storehouse must be considered structural property.

**Arson--Mobile**

This crime category includes:

-   Motor vehicles (automobiles, trucks, buses, motorcycles, etc.); and

-   Other mobile property (trailers, recreational vehicles, airplanes,
    boats, etc.).

Motor vehicles by *UCR* definition must be self-propelled and run on
land surface and not on rails: for example, sport utility vehicles,
automobiles, trucks, buses, motorcycles, motor scooters, all-terrain
vehicles and snowmobiles are classified as motor vehicles.

**Arson--Other**

The Arson--Other subcategory encompasses Arson of all property not
classified as structural or mobile. Willful or malicious burnings of
property such as crops, timber, fences, signs and merchandise stored
outside structures are included in this category.

**Cautions in Classifying Arson**

Key to properly classifying arson is establishing the point of origin of
a fire. If an individual willfully burns a vehicle parked adjacent to a
home, and the fire subsequently spreads to and destroys the home, the
appropriate Arson subcategory would be Mobile--Motor Vehicle. In cases
where the point of origin is undetermined, or in instances of multiple
points of origin, report the structural, mobile or other category of
property that suffered the greatest fire damage.

Incidents in which persons are killed as a direct result of Arson are
classified as both Criminal Homicides and Arson. Similarly, the number
of persons severely injured during an Arson must be reported as
Aggravated Assaults along with the Arson. When multiple reportable
offenses are committed during the same distinct operation as the Arson
offense, the most serious offense is reported along with the Arson.

> **Examples of Arson**
>
> **Scenario 1:** A student is killed by what an investigation
> determines was a deliberately set fire in his residence hall room.
> Include both one Murder and Non-Negligent Manslaughter and one Arson
> in both the on-campus category and the on-campus student housing
> category.
>
> **Scenario 2:** A suspicious fire is reported in a campus academic
> building, but no evidence of Arson is found. Do not include this
> incident in your annual security report.

Hate Crimes \[Hate Crimes cite 34 CFR 668.46(c)(3)\]

Your institution must include, by geographic location and by category of
prejudice, any of the aforementioned offenses, ***and any other crime
involving bodily injury*** reported to local police agencies or to a
campus security authority, that manifests evidence that the victim was
intentionally selected because of the perpetrator's bias. Note that
unlike the previously discussed offenses, "any other crime involving
bodily injury" is not a *UCR* term. Include in this category *all
applicable crimes with the exception of Aggravated Assault* (Aggravated
Assault is a separate crime category)*.* The categories of bias are:

-   **Race.** *A preformed negative attitude toward a group of persons
    who possess common physical characteristics (e.g., color of skin,
    eyes, and/or hair; facial features, etc.) genetically transmitted by
    descent and heredity which distinguish them as a distinct division
    of humankind* (e.g., Asians, blacks, whites).

-   **Gender.** *A preformed negative opinion or attitude toward a group
    of persons because those persons are male or female.* Gender bias is
    also a *Clery Act*-specific term, not found in the FBI's *Hate Crime
    Data Collection Guidelines*.

-   **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).

-   **Sexual orientation.** *A preformed negative opinion or attitude
    toward a group of persons based on their sexual attraction toward,
    and responsiveness to, members of their own sex or members of the
    opposite sex* (e.g., gays, lesbians, heterosexuals).

-   **Ethnicity/national origin.** *A preformed negative opinion or
    attitude toward a group of persons of the same race or national
    origin who share common or similar traits, languages, customs and
    traditions (*e.g., Arabs, Hispanics).

-   **Disability.** *A preformed negative opinion or attitude toward a
    group of persons based on their physical or mental
    impairments/challenges, whether such disability is temporary or
    permanent, congenital or acquired by heredity, accident, injury,
    advanced age or illness.*

Classifying a crime as a Hate Crime is sometimes difficult. The *Clery
Act* regulations require institutions to classify hate crimes according
to the FBI's *Uniform Crime Reporting Hate Crime Data Collection
Guidelines* and *Training Guide for Hate Crime Data Collection*. The
following information taken from those publications should be useful in
guiding you.

Remember, that you must also disclose *any crime involving bodily
injury* that is a hate crime.

1.  While there are many additional types of bias, the types of bias
    motivation to be disclosed for *Clery Act* purposes are limited to
    the six aforementioned types.

2.  Before an incident can be classified as a hate crime, sufficient
    objective facts must be present to lead a reasonable and prudent
    person to conclude that the offender's actions were motivated, in
    whole or in part, by bias. While no simple fact may be conclusive,
    facts such as the following, particularly when combined, are
    supportive of a finding of bias:

```{=html}
<!-- -->
```
a.  The offender and the victim were of a different race, religion,
    disability, sexual orientation and/or ethnicity/ national origin.
    For example, the victim was black and the offender was white.

b.  Bias-related oral comments, written statements or gestures were made
    by the offender which indicate his/her bias. For example, the
    offender shouted a racial epithet at the victim.

c.  Bias-related drawings, markings, symbols or graffiti were left at
    the crime scene. For example, a swastika was painted on the door of
    a synagogue.

d.  Certain objects, items or things which indicate bias were used. For
    example, the offenders wore white sheets with hoods covering their
    faces or a burning cross was left in front of the victim's
    residence.

e.  The victim is a member of a racial, religious, disability,
    sexual-orientation or ethnic/national origin group which is
    overwhelmingly outnumbered by other residents in the neighborhood
    where the victim lives and the incident took place. This factor
    loses significance with the passage of time (i.e., it is most
    significant when the victim first moved into the neighborhood, and
    becomes less and less significant as time passes without incident).

f.  The victim was visiting a neighborhood where previous hate crimes
    were committed against other members of his/her racial, religious,
    disability, sexual-orientation or ethnic/national origin group, and
    where tensions remained high against his/her group.

g.  Several incidents occurred in the same locality at or about the same
    time, and the victims were all of the same race, religion,
    disability, sexual orientation or ethnicity/national origin.

h.  A substantial portion of the community where the crime occurred
    perceived that the incident was motivated by bias.

i.  The victim was engaged in activities promoting his/her race,
    religion, disability, sexual orientation or ethnicity/national
    origin. For example, the victim was a member of the NAACP or
    participated in gay rights demonstrations.

j.  The incident coincided with a holiday or a date of particular
    significance relating to a race, religion, disability, sexual
    orientation or ethnicity/national origin (e.g., Martin Luther King
    Day, Rosh Hashanah).

k.  The offender was previously involved in a similar Hate Crime or is a
    hate group member.

l.  There were indications that a hate group was involved. For example,
    a hate group claimed responsibility for the crime or was active in
    the neighborhood.

m.  An historically established animosity existed between the victim's
    and the offender's groups.

n.  The victim, although not a member of the targeted racial, religious,
    disability, sexual-orientation or ethnic/national origin group, was
    a member of an advocacy group supporting the precepts of the victim
    group.

> **Cautions**

-   **Need for a case-by-case assessment of the facts.** The
    aforementioned factors are not all-inclusive of the types of
    objective facts which evidence bias motivation. Therefore, examine
    each case for facts which clearly provide evidence that the
    offender's bias motivated him/her to commit the crime.

-   **Misleading facts.** Be alert to misleading facts. For example, the
    offender used an epithet to refer to the victim's race, but the
    offender and victim were of the same race.

-   **Feigned facts.** Be alert to evidence left by the offenders which
    is meant to give the false impression that the incident was
    motivated by bias. For example, students of a religious school,
    hoping that they will be excused from attending class, vandalize
    their own school, leaving anti-religious statements and symbols on
    its walls.

-   **Offender's mistaken perception.** Even if the offender was
    mistaken in his/her belief that the victim was a member of a racial,
    religious, disability, sexual-orientation or ethnic/national origin
    group, the offense is still a Hate Crime as long as the offender was
    motivated by bias against that group. For example, a non-gay student
    leaving a publicized gay rights meeting in a noncampus fraternity
    house, is followed back to campus and attacked behind a dorm by six
    teenagers who mistakenly believed the victim is gay. Although the
    offenders were mistaken, the offense is a Hate Crime because it was
    motivated by the offenders' anti-gay bias.

3.  Knowing that a perpetrator is prejudiced is not enough to classify a
    crime as a Hate Crime. There must be evidence that the perpetrator
    was motivated by that prejudice to commit the crime.

4.  It is the perception of the perpetrator, not the perception of the
    victim, that determines whether a crime is classified as a Hate
    Crime.

5.  The FBI does not consider rape to be a Hate Crime unless there is
    clear evidence of bias.

6.  Do not classify arrests or disciplinary referrals for illegal
    weapons possession or drug or liquor law violations as hate crimes.

7.  Institutions without a campus police department are encouraged to
    seek guidance from local police for classifying crimes as hate
    crimes.

Arrests or Disciplinary Referrals for Illegal Weapons Possession and
Substance Law Violations

In addition to disclosing statistics for the aforementioned offenses,
the *Clery Act* requires institutions to disclose both the number of
arrests and the number of persons referred for disciplinary action for:

1.  Illegal weapons possession;

2.  Drug law violations; and

3.  Liquor law violations.

\[Arrests and referrals cite 34 CFR 668.46(c)(viii)(A)&(B)\]

It's important to remember that you are to disclose *violations* *of the
law* resulting in arrests or persons being referred for disciplinary
action. Do not include violations of your institution's policies that
resulted in persons being referred for disciplinary action if there was
no violation of the law. For example, if a student of legal drinking age
in the state in which your institution is located violates your
institution's "dry campus" policy and is referred for disciplinary
action, that statistic should not be included in your institution's
crime statistics, because the referral was not the result of a violation
of the law.

Because state laws and local ordinances vary widely, you will need to
ascertain the specific laws and ordinances that apply to your
institution.

If an individual is both arrested and referred for disciplinary action
for an offense, **count the arrest only**. (Counting offenses, arrests
and the number of persons referred for disciplinary action will be
discussed in detail in Chapter 7.)

**Arrest** for *Clery Act* purposes is defined as *persons processed by
arrest, citation or summons*. Include:

-   Those persons arrested and released without a formal charge being
    placed against them. (An arrest has occurred when a law enforcement
    officer detains an adult with the intention of seeking charges
    against the individual for a specific offense(s) and a record is
    made of the detention.)

-   Juveniles taken into custody or arrested but merely warned and
    released without being charged. A juvenile should be counted as
    "arrested" when the circumstances are such that if the individual
    were an adult, an arrest would have been counted.

> Do not count arrests of incidents in which:

-   Police contact a juvenile who has committed no offense; and

-   Police take a juvenile into custody for his or her own protection,
    but no crime was committed.

```{=html}
<!-- -->
```
-   Not only should "arrests" in the usual sense be included, but also
    any situation where a young person, in lieu of actual arrest, is
    summoned, cited or notified to appear before the juvenile or youth
    court or similar official for a violation of the law.

Include only violations by young persons where some police or official
action is taken beyond a mere interview, warning or admonishment.
Additionally, call backs or follow-up contacts with young offenders by
officers for the purpose of determining their progress must not be
counted as arrests.

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

To satisfy this definition, it is not sufficient for a person simply to
be referred for disciplinary action. The official receiving the referral
must initiate a disciplinary action, and a record of that action must be
kept. It is not necessary that the referral originate with the police,
nor is it necessary that a sanction be imposed. Note that if your
institution calls this process "mediation" (or uses some other term), as
long as the process fits the above definition, it is counted as referred
for disciplinary action.

> **Example of Referral**
>
> 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 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 some of them had not
> been drinking. Those students are not charged. Judicial Affairs
> initiates disciplinary action against the students who were drinking
> and keeps a record of the action. Only the number of students involved
> in the disciplinary action is included in your *Clery Act* statistics.

You are to count the number of arrests and the number of persons
referred for disciplinary action. For example, if a single incident
involving liquor law violation resulted in the arrest of 10 students,
this counts as 10 arrests for *Clery Act* purposes.

**1. Illegal Weapons Possession** is defined as *the violation of laws
or ordinances prohibiting the manufacture, sale, purchase,
transportation, possession, concealment, or use of firearms, cutting
instruments, explosives, incendiary devices or other deadly weapons.
This classification encompasses weapons offenses that are regulatory in
nature. Include in this classification: 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.*

> **Examples of Arrests for Illegal Weapons Possession**
>
> **Scenario 1:** A student is cited for having a firearm in his or her
> residence hall room in violation of state law. This is classified as
> one arrest for Illegal Weapons Possession in the on-campus category
> and in the on-campus student housing category.
>
> **Scenario 2:** A faculty member is referred for disciplinary action
> for having a firearm in his or her office in violation of school
> policy, but in a state without a law against possessing a firearm on
> campus. Do not disclose this referral, because no violation of the law
> occurred.

**2. Drug Law Violations.** This is defined as *the violation of laws
prohibiting the production, distribution and/or use of certain
controlled substances and the equipment or devices utilized in their
preparation and/or use. The unlawful cultivation, manufacture,
distribution, sale, purchase, use, possession, transportation or
importation of any controlled drug or narcotic substance. Arrests for
violations of state and local laws, specifically those relating to the
unlawful possession, sale, use, growing, manufacturing and making of
narcotic drugs. The relevant substances include: opium or cocaine and
their derivatives (morphine, heroin, codeine); marijuana; synthetic
narcotics---manufactured narcotics which can cause true addiction
(Demerol, methadone); and dangerous non-narcotic drugs (barbiturates,
Benzedrine).*

**Examples of Arrests for Drug Law Violations**

**Scenario 1:** Three students are referred for disciplinary action for
possessing marijuana in a residence hall room. This is classified as
three persons Referred for Disciplinary Action for Drug Law Violations
in the on-campus category and in the student housing on-campus category.

**Scenario 2:** Two non-students are arrested during an on-campus
football game for possession of cocaine. This is classified as two
on-campus arrests for Drug Law Violations.

**3. Liquor Law Violations.** This is defined as *the violation of state
or local laws or ordinances prohibiting the manufacture, sale, purchase,
transportation, possession, or use of alcoholic beverages, not including
driving under the influence and drunkenness. Include in this
classification: the manufacture, sale, transporting, furnishing,
possessing, etc., of intoxicating liquor; maintaining unlawful drinking
places; bootlegging; operating still; furnishing liquor to a minor or
intemperate person; underage possession; using a vehicle for illegal
transportation of liquor; drinking on train or public conveyance; and
attempts to commit any of the above.*

Drunkenness and driving under the influence are not liquor law
violations.

> **Examples of Arrests and Referrals for Liquor Law Violations**
>
> **Scenario 1:** Three underage students and a non-student are found in
> a residence hall room, and all are drinking alcohol in violation of
> state law. The students are Referred for Disciplinary Action, while
> the non-student is given a written citation. This is classified as
> three persons referred for Liquor Law Violation disciplinary actions
> in both the on campus category and in the on campus student housing
> category as well as a single arrest for Liquor Law Violation in the
> on-campus category and in the on-campus student housing 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.
> This is classified 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, 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, as they occurred on private property off campus.

**Remember, these offenses, arrests and disciplinary referrals must be
collected and disclosed by location if they occurred within the
geographic locations discussed in Chapter 2 (on campus, in dormitories
or other residential facilities for students on campus, in or on a
noncampus building or property, and on public property).**