Main Menu

JEANNE CLERY CAMPUS SAFETY ACT

BRIEF SYNOPSIS OF REPORTING REQUIREMENTS AND DEFINITIONS

UPDATED 1/2/2025

The Jeanne Clery Campus Safety Act requires that the following offenses, which occur at the following locations, be reported:

Definitions of Offenses

  1. Criminal Homicide
    1. Murder and Nonnegligent Manslaughter: The willful (nonnegligent) killing of one human being by another.
    2. Negligent Manslaughter: The killing of another person through gross negligence.
  2. Sex Offenses: Any sexual act directed against another person, without consent of the victim, including instances where the victim is incapable of giving consent.
    1. Rape: The penetration, no matter how slight, of the vagina or anus, with any body part of object, or oral penetration by a sex organ of another person, without consent of the victim.
    2. Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
    3. Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    4. Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent (16 in MD)
  3. Robbery: The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force or threat of force or violence and/or by putting the victim in fear.
  4. Aggravated Assault: 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. (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).
  5. Burglary: The unlawful entry of a structure to commit a felony or a theft
  6. Motor Vehicle Theft:The theft or attempted theft of a motor vehicle.
  7. Arson: Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling house, public building, motor vehicle or aircraft, personal property of another, etc.
  8. Hazing: Any activity expected of someone joining or participating in a group that humiliates, degrades, abuses, or endangers them, regardless of a person’s willingness to participate.
  9. Dating Violence: Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
  10. Domestic Violence: A felony or misdemeanor crime of violence committed:
    1. • By a current of former spouse of intimate partner of the victim;
    2. • By a person with whom the victim shares a child in common;
    3. • By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
    4. • By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred;
    5. • By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.
  11. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
    1. • Fear for the person’s safety or the safety of others; or
    2. • Suffer substantial emotional distress.

Definitions of Locations

  1. Campus:
    1. 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,
    2. Any building or property that is within or reasonably contiguous to the area identified in 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).
  2. Noncampus Building or Property:
    1. Any building or property owned or controlled by a student organization that is officially recognized by the institution; or,
    2. 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.
  3. Public Property: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Hate Crimes

A hate crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Although there are many possible categories of bias, under the Clery Act, only the following eight categories are reported: Race, Religion, Sexual Orientation, Gender, Gender Identity, Ethnicity, National Origin, and Disability.

For Clery purposes, hate crimes include any of the following offenses that are motivated by bias:

  1. • Murder and Non-negligent manslaughter
  2. • Sexual Assault
  3. • Robbery
  4. • Aggravated assault
  5. • Burglary
  6. • Motor vehicle theft
  7. • Arson

ADDITIONAL CRIMES INCLUDED IN HATE CRIME REPORTING

  1. Larceny-Theft: The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another.
  2. Simple Assault: Simple Assault is an unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
  3. Intimidation: to unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
  4. Destruction/damage/vandalism of Property: to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.
Back to Top