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clery act definitions

clery act definitions

Clery Act Definitions

The following are defined by the Jeanne Clery Act as Campus Security Authorities.

Campus Police Department

Individuals with Campus Security Responsibility – Any individuals who have responsibility for campus security but who do not constitute a campus police department or a campus security department, such as an individual who is responsible for monitoring entrance into institutional property. Examples of this category are: parking enforcement staff and event security staff.

Individuals Designated by the Campus – Any individual or organization specified in an institution's statement of campus security policy as one to which students and employees should report criminal offenses. Examples might include: Student Affairs and Residence Life.

Officials with Significant Responsibility for Student and Campus Activities – An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor as defined below, the official is not considered a campus security authority when acting in those capacities. Examples of this category might be: Director of Athletics, Team Coaches and Faculty Advisors to student groups.

Crime Definitions

Murder and Non-negligent Manslaughter – The willful (non-negligent) killing of one human being by another.

Negligent Manslaughter – The killing of another person through gross negligence.

Sex Offenses:

Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex
organ of another person, without the consent of the victim. 

Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without
the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age
or because of his/her temporary or permanent mental or physical incapacity.

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

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

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.

Aggravated Assault – An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. It is not necessary for an injury to result when a gun, knife or other weapon is used in the commission of the crime.

Simple Assault – Assaults and attempted assaults where no weapon was used and which did not result in a serious or aggravated injury to the victim. (Currently, this crime category only applies to hate crimes.)

Burglary – The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safe-cracking; and all attempts to commit any of the aforementioned.

Motor Vehicle Theft – The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned-including joyriding.)

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.

Hazing – Any act that endangers the physical and/or mental health or safety of a student or any act or behavior that causes ridicule or humiliation for the purposes of initiation, admission into, or affiliation with, or as a condition for continued membership in, a group or organization, or as part of any activity of a recognized student organization or student group. Individuals or groups may not consent to these types of prohibited behavior. Individuals will be held accountable for their own actions, and neither citing the activity as a “tradition” nor being coerced by current or former members, alumni, and/or student leaders of such groups or organizations will suffice as a justifiable reason for participation in such activity. Examples of prohibited behavior under the hazing category include but are not limited to:

• Misuse of authority by virtue of one’s leadership position
• Assaulting an individual by paddling, beating, striking, or hitting
• Preventing an individual from attending class
• Requiring another to engage in any form of forced physical activity or exercise
• Failing to report any of the foregoing behavior to the appropriate University officials (e.g., the Office of the Dean of Students and/or the Purdue University Police Department) after having firsthand knowledge of the planning of such       activities or firsthand knowledge that an incident of this type has occurred.

The foregoing list of prohibited behaviors under the hazing category is not intended to prohibit the following conduct:

• Planning or participating in customary public athletic events, contests, or competitions that are sponsored by the University or the organized and supervised practices associated with such events; or
• Planning or participating in any activity or conduct that furthers the goals of a legitimate educational curriculum, a legitimate extracurricular program or a legitimate military training program as defined and approved by the University.

Liquor Law Violation – The violation of laws or ordinances prohibiting: the manufacture, sale, transporting, furnishing, possessing of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating a still, furnishing liquor to a minor or intemperate person; using a vehicle for illegal transportation of liquor; drinking on a train or public conveyance; or any attempts to commit any of the foregoing violations. Note: this list does not include public drunkenness and driving under the influence.

Drug Law Violation  – Violations of State and local laws related to the possession, sale, use, growing, manufacturing, and making of illicit drugs.

Weapon Law Violation – The violation of laws or ordinances regulating weapons.

Hate Crimes – Any crime that manifests evidence that the victim was intentionally selected because of the victim's actual or perceived race; religion; gender; sexual orientation; ethnicity or physical/mental disabilities.

Disciplinary Referrals – Incidents in which a student was not arrested but was referred for campus disciplinary action for liquor law violations, drug law violations, and illegal weapons possession.

LOCATION DEFINITIONS

Campus:

  • 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 the area identified in paragraph (i) 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).

Non-Campus:

  • 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.

Housing – Residence Halls or other university-owned residences.

Public Property – Public Property is defined as all public property including thoroughfares, streets, sidewalks, and parking facilities that is within the campus, or immediately adjacent to and accessible from the campus. Include the sidewalk across the street from your campus, but do not include public property beyond the sidewalk.

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