Clery Act FAQs


Clery Act FAQs

Criminal Offenses

  • Murder/Non-negligent manslaughter
  • Manslaughter by negligence
  • Rape
  • Fondling
  • Incest
  • Statutory rape
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson

Hate Crimes

  • All Criminal offenses listed above (except manslaughter by negligence)
  • Larceny-theft
  • Simple assault
  • Intimidation
  • Destruction/damage/vandalism of property

Violence Against Women Act (VAWA) Offenses

  • Domestic violence
  • Dating violence
  • Stalking

Arrests and Referrals for Disciplinary Action

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

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

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.

The Criminal Offenses for hate crime reporting include:

  • Murder/Non-negligent manslaughter
  • Rape
  • Fondling
  • Incest
  • Statutory rape
  • Robbery
  • Aggravated assault
  • Burglary
  • Motor vehicle theft
  • Arson
  • Larceny-theft
  • Simple assault
  • Intimidation
  • Destruction/damage/vandalism of property

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.

On-Campus Property: 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).

On-Campus Residential Housing: 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.

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.

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.

 

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.