Clery Act

• Murder/Non-negligent manslaughter
  
  The willful (non-negligent) killing of one human being by another.

• Manslaughter by negligence
  
  The killing of another person through gross negligence.

• Rape
  
  The penetration, no matter how slight, of the vagina or anus, with a body part or object, or oral penetration by a sex organ of another, 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 age and/or because of 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.
  
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• 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 usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm. Simple assaults are excluded.
  
   
• Burglary
  
  The unlawful entry of a structure to commit a felony or a theft. Attempted forcible entry is included.
  
   
• Motor vehicle theft
  
  The theft or attempted theft of a motor vehicle. 
  
   
• 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. 
  
   

A criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Bias is a performed negative opinion or attitude toward a group of persons based on their race, gender, religion, disability, sexual orientation, ethnicity, national origin, or gender identity.

• All criminal offenses listed above (except manslaughter by negligence)
  
   
• Larceny-theft
  
  The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Constructive possession is the condition in which a person does not have physical custody or possession, but is in a position to exercise dominion or control over a thing.
  
   
• Simple assault
  
  An unlawful physical attack by one person on 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.
  
   
• 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 persons having custody or control of it.

• 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; or 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
  
  Dating Violence is defined as 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.
  
   
• Stalking
  
  Stalking is defined as 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.
  • For the purposes of this definition—
    1. Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
    2. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
    3. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
  • For the purposes of complying with the requirements of this section and section 668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

• Weapon law violations
  
  A violation of state law or local ordinance prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
  
   
• Drug law violations
  
  Violations of State and local laws relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. 
  
   
• Liquor law violations
  
  A violation of state law or local ordinance prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages.

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 (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 food or other retail vendor).

A subset of On-Campus Property location. Any student housing facility that is owned or controlled by the institution or is located on property that is owned or controlled by the institution and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing facility.

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.

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

Under the Clery Act, for the purposes of counting and disclosing Criminal Offense, Hate Crime, Arrest and Disciplinary Referral statistics you must do so based on definitions provided by the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting (UCR) Program. The definitions for Murder, Rape, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Arson, Weapons Carrying, Possessing, Etc. Law Violations, Drug Abuse Violations, and Liquor Law Violations are from the Summary Reporting System (SRS) User Manual from the FBI’s UCR Program. The Definitions of Fondling, Incest and Statutory Rape are from the FBI’s National Incident-Based Reporting System (NIBRS) Data Collection Guidelines edition of the UCR. Hate Crimes are classified according to the FBI’s Uniform Crime Reporting Hate Crime Data Collection Guidelines and Training Manual. Note that, although the law states that institutions must use the UCR Program definitions, Clery Act crime reporting does not have to meet all of the UCR Program standards. For the categories of Domestic Violence, Dating Violence and Stalking, the Clery Act specifies that you must us the definitions provided by the Violence Against Women Act (VAWA) of 1994.

Clery Act Crime Definitions

When reporting a hate crime offense, we must also include the type of bias. Types of bias include:

• Disability
• Ethnicity
• Gender
• Gender identity
• National origin
• Race
• Religion
• Sexual orientation

Do not worry about being able to define the crime. The KU Police Department or Clery Compliance Officer will use the information you provide to define the crime.

Members of the community are helpful when they immediately report crimes or emergencies to the KU Police Department and/or primary Campus Security Authority (CSA) for purposes of including them in the annual statistical disclosure and assessing them for issuing a Timely Warning Notice, when deemed necessary.

You need to explain to the student that you must report the information to KU Public Safety and that you can do it anonymously. The victim is not obligated to talk with the police. 

Technically no; however, it is nearly impossible to investigate a crime without knowing where it happened. For Clery purposes, it will be impossible to count without the location.

Referral for disciplinary action – The referral of any person to any official who initiates a disciplinary action of which a record is established and which may result in the imposition of a sanction.

Disciplinary referrals are counted for:

• Weapon law violations
• Drug law violations
• Liquor law violations

Contact the Office of Civil Rights and Title IX at 785-864-6414 or civilrights@ku.edu.