Clery Act Reportable Crimes and Locations
The Clery Act requires Adelphi University to include four general categories of crime statistics:
Criminal Offenses—Criminal Homicide, including Murder and Non-negligent Manslaughter, and Manslaughter by Negligence; Sexual Assault, including Rape, Fondling, Incest, and Statutory Rape; Robbery; Aggravated Assault; Burglary; Motor Vehicle Theft; and Arson.
Hate Crimes—Any of the above-mentioned offenses, and any incidents of Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/ Vandalism of Property that were motivated by bias [race, religion, sexual orientation, gender, gender identity, ethnicity, national origin, and/or disability];
Violence Against Women Act Offenses—Any incidents of Sexual Assault [as described under Criminal Offenses], Domestic Violence, Dating Violence, and Stalking.
Arrests and Referrals for Disciplinary Action—Weapons Law Violations [i.e. carrying, possessing, etc] , Drug Abuse Violations, and Liquor Law Violations.
- Murder/ Non-Negligent Manslaughter: the willful (non-negligent) killing of one human being by another
- Manslaughter by Negligence: the killing of another person by gross negligence
- 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. This offense includes the rape of both males and females
- 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
- 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 of, 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: Unlawful attacks by one person upon another for the purpose of inflicting severe bodily injury; usually accompanied by a weapon or by the means to likely produce death or great bodily harm.
Burglary: unlawful entry into a structure to commit a felony or theft.
Motor Vehicle Theft: theft or attempted theft of a motor vehicle.
Arson: 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.
Larceny-Theft: The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.
Simple Assault: An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the victim suffers obvious sever or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe laceration, or loss of consciousness.
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.
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.
Although there are many possible categories of Bias, under the Clery Act, only the following eight categories are reported:
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 or African Americans, whites.
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 actual or perceived sexual orientation.
Gender: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender, e.g., male or female.
Gender Identity: A preformed negative opinion or attitude toward a person or group of persons based on their actual or perceived gender identity, e.g., bias against transgender or gender non-conforming individuals.
Ethnicity: A preformed negative opinion or attitude toward a group of people whose members identify with each other, through a common heritage, often consisting of a common language, common culture (often including a shared religion) and/or ideology that stresses common ancestry.
National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth.
Disability: A preformed negative opinion or attitude toward a group of persons based on their physical or mental impairments, whether such disability is temporary or permanent, congenital or acquired by heredity, accident, injury, advanced age or illness.
Domestic Violence: A felony or misdemeanor crime of violence committed
- By a current or former spouse or intimate partner of the victim;
- By a person with whom the victim shares a child in common;
- By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
- 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;
- 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.
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 for the length of the relationship, the type of relationship, and the frequency of the interaction between the persons involved in the relationship. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence.
Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
- Fear for the person’s safety or the safety of others; or
- Suffer substantial emotional distress
Weapons Law Violations [i.e. carrying, possessing, etc]: violation of law that prohibits the manufacture, sale, purchase, transport, possession, concealment, or use of firearms, cutting instruments, explosives, or other deadly weapons.
Drug Abuse Violation: violation of law prohibiting the use/possession of controlled substances and the devices used in their preparation or use
Liquor Law Violations: violation of state/local laws prohibiting the purchase, transportation, or use of alcoholic beverages. (Not including driving while intoxicated)
Clery Act Reportable Geography
Clery Act crimes are reported in the Crime Statistics when they occur in the following geographic locations:
- On-Campus Student Residential Facilities
- On Public Property adjacent to and accessible from campus
- At Non-Campus Property or building owned or controlled by the institution or a recognized student organization
On-Campus: Any building or property owned or controlled by an institution within the same reasonable 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 described above, 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).
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.
Non-Campus Property: 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