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Clery Reporting for Hate Crimes

Note: Beginning in 2014 Clery adds the categories of national origin and gender identity to the categories of bias. Domestic violence, dating violence and stalking are also additions for reportable Clery crimes for 2014 under the 2013 VAWA Reauthorization Act.

Purpose of Clery Reporting 

2013 Clery Report Form

One purpose of CLERY is to encourage reporting and the collection of campus crime statistics to promote crime awareness and to enhance campus safety through reliable statistical records. The purpose of this report form is to provide a uniform procedure for documenting the (What, When, Where) of certain alleged reportable crimes and/or non-criminal hate/bias motivated incidents that have occurred within one of the four reporting locations and which have been reported to a Campus Security Authorities (CSA). Data collected on this form is to be used to increase public safety, NOT to identify the victim, therefore, no personal identifying information shall be included on this form. Campus Security Authorities (CSAs) at Elon University include but are not limited to: Student Life staff, student organization advisors, Athletic directors and coaches, and victim advocates at university and community agencies. 

For CLERY purposes, the student status (yes/no) of the offender or the victim is NOT a relevant fact as to whether or not this report form is to be completed. If a violation of one of the 14 offenses occurs, documentation is required. In order for the University to satisfy the statistical reporting requirements of the Clery Act, all CSA’s are required to complete this form when certain any of the specified offenses list below are reported to them. It is the policy of Elon University to encourage victims and/or witnesses to crime(s) to report such crimes or incidents to the police and/or to a designated Campus Security Authority.

Locations Reportable by Clery

For the purposes of CLERY, CSA’s are required to document crimes/incidents which have occurred in the following locations:

1) On-campus property: Any building or property owned or controlled by the University within the same reasonably contiguous geographic area and used by the University in direct support of, or in a manner related to, the University's educational purpose, including buildings or property the location described herein that is owned by the University but controlled by another person and which is frequently used by students.

2) On-campus residential life buildings: On-campus property that is specifically and primarily used for students accommodations 

3) Non-campus property: Non-campus property or building owned or controlled by the University that is frequently used by students and is not within the same reasonably contiguous geographic area of the institution, or any building/property that is owned or controlled by a student organization that is officially recognized by the institution.

4) Public property: Public property located immediately adjacent to and accessible from campus, including: sidewalks, streets, and parks.

Clery Definitions

Bias

A pre-formed negative opinion or attitude toward a person or group of people because of their ethnicity, race, national origin, religion, gender, sexual orientation or disability (varied ability) or based upon the perception that the person or group has one or more of those characteristics.

Criminal Homicide

  • Murder and Non-negligent Manslaughter: The willful (non-negligent) killing of a human being by another.
  • Negligent Manslaughter: The killing of person through gross negligence.

Sex Offense (Forcible)

Any sexual act directed against another person without the person’s consent.

  • Rape: Penetration or attempted penetration, however 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.
  • Sexual assault: The attempted touching or touching of the intimate parts (sexual organs, anus, groin, breasts or buttocks) of another person.

Sex Offense (Non-forcible)

Any attempted or completed unlawful, but consensual sex act with a person.

  • Incest: Sexual intercourse between persons who are related to one another within the degrees wherein marriage is prohibited.
  • Statutory rape: Intercourse with a person who is under the age of consent.

Domestic Violence

Violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current or former cohabitant or person protected under the domestic or family violence law.

Dating Violence

Violence by a person who has been in a romantic or intimate relationship with the victim.

Stalking

A course of conduct directed at a specific person, that would cause a reasonable person to fear for her, his, or others’ safety, or to suffer substantial emotional distress.

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 forces or violence and/or by putting the victim in fear.

Aggravated Assault

An unlawful assault or attempted assaulted by one (or more) persons of another for the purpose of inflicting severe or aggravated bodily injury.

Burglary

The unlawful entry (or attempt to enter) into a defined structure with the intent to commit a theft or any felony. (Excludes vehicle burglary)

Motor Vehicle Theft

The taking of a motor vehicle (as defined) without the consent of the owner with the intent to either permanently or temporarily deprive the owner of the vehicle. (Includes attempts)

Arson

The willful or malicious burning or attempt to burn (w/o the intent to defraud) a dwelling, house, public building, motor vehicle or aircraft, or personal property of another. (Includes attempts)

Hate Crime

A criminal act involving one/more of the listed crimes which was motivated by bias against any person or group of persons, or the property of any person or group of persons.

  • Larceny-Theft:  The unlawful taking, carrying, leading or riding away of property from the possession or constructive possession.
  • Simple assault: An unlawful physical attack by one or more persons upon another where neither the offender displays a weapon, nor the victim suffers obvious severe or aggravated bodily injury.
  • 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.