Closed Clery Crimes Module Clery Crimes Learning Objectives
Closed Clery Crimes Module
Clery Crimes • Learning Objectives for this module – Learn how to interpret the appropriate Clery related crimes which must be included within the Annual Security Report versus what crimes are included within the daily crime log – Learn about the new VAWA related Clery crimes – Learn where to access the definitions of the related crimes – What is the hierarchy rule – Learn the difference between Title IX and Clery crimes Closed Clery Crimes Module
Clery Crimes • • Clery-Reportable Crimes & Murder/ Manslaughter Offense Sex offenses • • • Robbery Aggravated assault Burglary Motor vehicle theft Arson Domestic Violence/ Dating Violence/ Stalking Arrest/referral for campus disciplinary action for liquor law violations Arrest/referral for campus disciplinary action for drug-related violations Arrest/referral for campus disciplinary action for weapons possession Hate Crimes – + Larceny-theft, simple assault, intimidation, destruction-damage-vandalism of property because of actual/perceived race, gender, religion, sexual orientation, ethnicity, or disability. Closed – Rape, Fondling, Incest, Statutory Rape
Clery Crimes Crime Reporting per DOE – Was the crime reported to a Campus Security Authority (CSA) – Is the crime one of the Clery-reportable offenses – Did the crime occur in a Clery-reportable geographic area? Closed Captioning • In determining whether a crime should be included in the annual crime report, institutions should ask the following three questions?
Clery Crimes • A requirement in the FBI’s UCR program that, for purposes of reporting crimes in that system, when more than one criminal offense was committed during a single incident only the most serious offense be counted • Please listen or read the Closed Captioning for this slide. Closed Clery Hierarchy Rule
Clery Crimes – Murder and Non-Negligent Manslaughter is defined as the willful (non-negligent) killing of one human by another. – Negligent Manslaughter is defined as the killing of another person through gross negligence. Closed • Criminal homicide. These offenses must be separated into two categories: Murder and Non-Negligent Manslaughter, and Negligent Manslaughter. Murder & Manslaughter
Clery Crimes Sex Offenses • • Incest Statutory Rape Fondling Fondlin Rape: The the pen purp any body part o includin person, becaus without mental Closed • Rape – Recently changed to the FBI UCR definition – Any insertion however slight is now rape Fondling – Unwanted touching of a sexual nature – 18. 2 -67. 3 Aggravated Sexual Battery – 18. 2 -67. 4 Sexual Battery Incest – Sexual relations as outlined by law Statutory Rape – 18. 2 -63 Sex with a minor 13> <15 years old – 18. 2 -54. 1 Sex with a minor 15> Rape • The Na The FBIused UCRfo. D
Clery Crimes • Robbery In any instance of robbery, count one offense for each incident including attempts. Do not count the number of victims robbed, those present at the robbery or the number of offenders. – Firearm: Include robberies in which any firearm is used as a weapon or employed as a means of force to threaten the victim or put the victim in fear. Attempts are included in this category. – Knife or cutting instrument: Include robberies in which a knife, broken bottle, razor, ice pick or other cutting or stabbing instrument is employed as a weapon or as a means of force to threaten the victim or put the victim in fear. Attempts are included in this category. – Other dangerous weapon: Include robberies in which a club, acid, explosive, brass knuckles, Mace, pepper spray or other dangerous weapon is employed or its use is threatened. Attempts are included in this category. – Strong-arm–hands, fists, feet, etc: Include muggings and similar offenses in which only personal weapons such as hands, arms, feet, fists and teeth are employed or their use is threatened to deprive the victim of possessions. Closed Robbery
Clery Crimes Aggravated Assault – Firearm: Include all assaults in which a firearm of any type is used or is threatened to be used. Assaults with revolvers, automatic pistols, shotguns, zip guns, rifles, etc. , are included in this category. – Knife or Cutting Instrument: Include assaults wherein weapons such as knives, razors, hatchets, axes, cleavers, scissors, glass, broken bottles and ice picks are used as cutting or stabbing objects, or when their use is threatened. – Other Dangerous Weapon: Include assaults resulting from the use or threatened use of any object as a weapon in which serious injury does or could result. The weapons in this category include, but are not limited to: Mace, pepper spray, clubs, bricks, jack handles, tire irons, bottles or other blunt instruments used to club or beat victims. Attacks by explosives, acid, lye, poison, scalding, burnings, etc. , are also included in this category. – Hands, Fists, Feet, Etc: Include only the attacks using personal weapons such as hands, arms, feet, fists and teeth that result in serious or aggravated injury. Consider the seriousness of the injury as the primary factor in establishing whether the assault is aggravated or simple. Classify the assault as aggravated if the personal injury is serious (broken bones, internal injuries or stitches required). On the other hand, classify the offense as a simple assault if the injuries are not serious (abrasions, minor lacerations or contusions) and require no more than usual first-aid treatment. Closed Aggravated Assault
Clery Crimes Burglary Closed Burglary – Forcible Entry: Include all offenses where force of any kind is used to unlawfully enter a structure for the purpose of committing a theft or felony. This definition applies when a thief gains entry by using tools; breaking windows; forcing windows, doors, transoms or ventilators; cutting screens, walls or roofs; and where known, using master keys, picks, unauthorized keys, celluloid, a mechanical contrivance of any kind (e. g. , a passkey or skeleton key) or other devices that leave no outward mark but are used to force a lock. Also include in this category burglary by concealment inside a building followed by exiting the structure. – Unlawful Entry–No Force: The entry of a structure in this situation is achieved by use of an unlocked door or window. The element of trespass to the structure is essential in this category, which includes thefts from open garages, open warehouses, open or unlocked dwellings and open or unlocked common basement areas in apartment houses where entry is achieved by someone other than the tenant who has lawful access. (Note that if the area entered was one of open access, thefts from the area would not involve an unlawful trespass and would be classified as Larceny. The Clery Act does not require an institution to disclose Larceny statistics. ) – Attempted Forcible Entry: Include those situations where a forcible entry burglary is attempted but not completed. Once thief is inside a locked structure, the offense becomes a Burglary–Forcible Entry. Classify attempts to enter an unlocked structure as well as actual trespass to an unlocked structure as Burglary–Unlawful Entry–No Force. Only situations in which a thief has attempted to break into a locked structure are classified as Burglary–Attempted Forcible Entry.
• • NOVA faculty reports that money was taken from her desk while she was out of her office for 15 min. Police investigate and determine that nether of the other two people who have access to the office took the money. – DOE Clery would count this as a Burglary since the faculty office is a structure (four walls, roof, and door) and the investigation clarified only 3 people had lawful access to the office A perpetrator enters into five campus faculty offices without permission on the same night looking to steel money. He takes a wallet from on offices but takes nothing from the other four offices. – DOE Clery would count this as 5 individual Burglaries. A perpetrator enters into the office suite in CG on the 2 nd floor where many are housed in cubicles. He takes items from a few of the desk in the cubicle areas during normal business hours when the campus is considered open. – DOE Clery would NOT count this as burglary since the cubicles are not structures and the building was open to the public (no trespass) NOVA faculty reports that he left his office and locked the door, he returned to find the office door unlocked and items missing. He left at approximately 1: 15 pm and returned at 2: 17 pm to find items missing and the door unsecured. There are no signs of forced entry and it is unknown who entered the room. PD cannot establish whether anyone who had lawful access was in the room or not. – DOE Clery would want this counted as a Burglary because the victim reported the door was locked and the investigation did not provide any additional details. A faculty member left their office door unlocked and went to use the restroom at 1: 00 pm and returned at 1: 05 pm to discover items missing from her desk. The investigation reveals there is no “evidence” of unlawful entry. PD cannot establish whether anyone who had lawful access was in the room or not. – DOE Clery would classify this as a Larceny A student placed her cell phone in the common area of the library during normal business hours. She felt tired and fell asleep. Upon waking up discovered her cell phone was missing from her book bag. – DOE Clery would classify this as a Larceny A cleaning staff person reports that various cleaning supplies were stolen from a locked storage closet. There are no leads in the case and PD cannot determine who stole the property. – DOE Clery would classify this as a Burglary since the Storage room has four walls, roof, and a door. Closed Burglary Examples
Clery Crimes Motor Vehicle Theft – Autos: Include thefts of all sedans, station wagons, coupes, convertibles, sport utility vehicles, minivans and other similar motor vehicles that serve the primary purpose of transporting people from one place to another. Automobiles used as taxis are also included. Some states allow a station wagon to be registered as a truck; however, licensing is not a determining factor. The UCR stipulates that a station wagon must be classified as an automobile. – Trucks and buses: Include theft of those vehicles specifically designed (but not necessarily used) to transport people and cargo. Pickup trucks and cargo vans, regardless of their uses, are included in this category. The UCR considers a self-propelled motor home to be a truck. – Other vehicles: Include all other motor vehicles that meet the UCR definition, such as snowmobiles, motorcycles, motor scooters, trail bikes, mopeds, golf carts, all-terrain vehicles and motorized wheelchairs. If you are uncertain whether to classify an incident as Motor Vehicle Theft, we encourage you to contact law enforcement. Closed Motor Vehicle Theft
Clery Crimes Arson – Trash can fires Closed Arson • Arson is 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.
Clery Crimes A felony or a 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 or 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. – Virginia Definition of Family or household member can be found in statute 16. 1 -228 at http: //leg 1. state. va. us/cgibin/legp 504. exe? 000+cod+16. 1 -228 Closed • DV Domestic Violence
Clery Crimes Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with a victim – The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of length of the relationship, the type of the relationship, and the frequency of interaction between the person involved in the relationship – For the purposes of this definition • 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 definitions of domestic violence – For the purpose of complying with Clery any incident meeting this definition is considered a crime for the purposes of Clery Act reporting. Closed • Dating Violence
• • 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— – Course of conduct means two or more acts, including, but not limited to, acts in 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. – Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim. – Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling. any incident meeting this definition is considered a crime for the purposes of Clery Act reporting The Commonwealth of Virginia Stalking statute can be found at 18. 2 -60. 3 and the following link: http: //law. lis. virginia. gov/vacode/title 18. 2/chapter 4/section 18. 2 -60. 3 Closed Captioning Stalking Clery Crimes
Intimidation Destruction/ Damage/ Vandalism of Property Larceny • Can include other classified crimes already described. Murder, Sex Offenses, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Manslaughter, and Arson. • Also Include: Larceny-Theft, Simple Assault, Intimidation, Destruction-Damage-Vandalism of Property in which the victim is INTENTIONALLY selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim An unl the off aggrav possib The un posses are inc checks Bias Definitions Closed Clery Hate Crimes Simple Assault Clery Crimes
Clery Crimes • This is defined as the violation of state or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, or use of alcoholic beverages, not including driving under the influence and drunkenness. Include in this classification: the manufacture, sale, transporting, furnishing, possessing, etc. , of intoxicating liquor; maintaining unlawful drinking places; bootlegging; operating still; furnishing liquor to a minor or intemperate person; underage possession; using a vehicle for illegal transportation of liquor; drinking on train or public conveyance; and attempts to commit any of the above. Example drugs (barbiturates, Benzedrine). Arrest or Referral Closed Captioning Liquor Law Violations
Clery Crimes • This is defined as the violation of laws prohibiting the production, distribution and/or use of certain controlled substances and the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase, use, possession, transportation or importation of any controlled drug or narcotic substance. Arrests for violations of state and local laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs. The relevant substances include: opium or cocaine and their derivatives (morphine, heroin, codeine); marijuana; synthetic narcotics— manufactured narcotics which can cause true addiction (Demerol, methadone); and dangerous non-narcotic. Arrest or Referral Closed Drug-related Violations
Clery Crimes Weapons Possession Arrest or Referral Closed • as defined as the violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession, concealment, or use of firearms, cutting instruments, explosives, incendiary devices or other deadly weapons. This classification encompasses weapons offenses that are regulatory in nature. Include in this classification: manufacture, sale, or possession of deadly weapons; carrying deadly weapons, concealed or openly; using, manufacturing, etc. , of silencers; furnishing deadly weapons to minors; aliens possessing deadly weapons; and attempts to commit any of the above.
Clery Crimes 1. Unfounded Crimes are now included within Clery reporting. Even if a incident or crime which is unfounded it must still be included within Clery statistics. (Only law enforcement after a full and thorough investigation can unfound a crime) 2. There are specific exceptions to the Hierarchy (for example all hate crimes, sexual related crimes, and arsons are counted) 3. The 2013 VAWA related Clery crimes may not have to fulfill the state or local statutes for related domestic violence, stalking, and dating violence laws but fulfill the Clery definitions and be counted based upon the incident 4. VAWA and Drug, Weapon, Alcohol violations are counted not only against the Clery definitions but also the local jurisdictions law definitions which is important to remember when taking field trips, study abroad or going outside of Virginia. When in doubt call the College Police for clarification! Closed NOVA Clery Crimes/ Offenses The Most Important Points To Remember
Clery Crimes Incest Statutory Rape Fondling Murder/ Manslaughter Sex offenses Fondlin Rape: The the pen purp any body part o includin person, becaus without mental • • • Robbery Aggravated assault Burglary Motor vehicle theft Arson Murder – Rape, Fondling, Incest, Statutory Rape Closed Arson Motor Vehicle Theft or ehicle Robbery Burglary Aggravated Assault a theft. intent ue from the commit rce or violence it any • • The Na The FBIused UCRfo. D Rape Clery-Reportable Crimes /Offense
Stalking A felon By a cu By a pe spouse By a pe family By any person which t Closed . DV Clery-Reportable Crimes/ Offense Domestic Violence, Dating Violence, Stalking Dating V Clery Crimes
• • Arrest/referral for campus disciplinary action for liquor law violations Arrest/referral for campus disciplinary action for drug-related violations Arrest/referral for campus disciplinary action for weapons possession Drug Law Closed • This is defined as def prohibiting the manuf or use oforalcoh use and drunkenne other d transporting, fu offens maintaining un manuf furnishing liquo weapo using a vehicle furnish public conveya weapo drugs (barbitur Weapons Law Clery-Reportable Crimes /Offense Liquor Law Clery Crimes
Intimidation Destruction/ Damage/ Vandalism of Property An unl the off aggrav possib The un posses are inc checks Closed – + Larceny-theft, simple assault, intimidation, destruction-damagevandalism of property because of actual/perceived race, gender/ gender identity , religion, sexual orientation, ethnicity/ national origin, or disability. – Can include other classified crimes already described. Murder, Sex Offenses, Robbery, Aggravated Assault, Burglary, Motor Vehicle Theft, Manslaughter, and Arson. Larceny • Clery-Reportable Crimes /Offense Hate Crimes Simple Assault Clery Crimes
Clery Crimes Closed How to Access The Clery Crime / Offense Definitions
Clery Crimes Title IX Clery Crimes/ Offenses • Includes sexual harassment • Includes sexual coercion • Have 60 days to complete most investigation • In certain circumstances cannot be submitted anonymously • Preponderance of the Evidence • Internal College process • Within ASR are limited to only those Clery Crimes • All crimes are included within Daily Crime Log • Has robbery, arson, aggravated assault, murder • Can be submitted anonymously • Criminal cases using probable cause • Can be internal or external College process – Legal Affairs • http: //www. nvcc. edu/currentstudents/policies--forms/equalopportunity--affirmative-action/ Closed Differences between Title IX and Clery Crimes/ Offenses
Clery Crimes Review Question A Arson, Dating Violence, Domestic Violence, Stalking, Sexual Assaults. B Robbery and Murder C What are you talking about there is no hierarchy rule in Clery Closed 1. What crimes are not included in the hierarchy rule ?
Clery Crimes Review Question A Nothing they are all important crimes that must be included within Clery based upon national definitions B There is no jail time related to those listed crimes C In certain circumstances Clery, State, and LOCAL definitions can be used to properly classify incidents or crimes related to the above list, where as the other Clery Crime/ Offenses utilize only the UCR or NIBRS definitions Closed 2. What is unique about the weapons, drug, alcohol and VAWA crimes and how they are counted and calculated for inclusion within the Annual Security Report?
Clery Crimes Review Question 3. True or False Unfounded Crimes are now included within Clery reporting. Even if a incident or crime which is unfounded it must still be included within Clery statistics. (Only law enforcement after a full and thorough investigation can unfound a crime) True The above statement is true False Dean of Student’s can declare incidents as unfounded Closed Maybe I don’t know for sure and need to go back and review again
Clery Crimes Hate Crimes (All above Crimes) + Larceny-theft, simple assault, intimidation, destruction-damagevandalism of property because of actual/perceived race, gender, religion, sexual orientation, ethnicity, or disability Arrest/referral for liquor law violations Arrest/referral for drug-related violations Arrest/referral for weapons possession Fondling Incest Statutory Rape Murder Domestic Violence Dating Violence Stalking Fondlin Rape: The the pen purp any body part o includin person, becaus without mental Closed Arson Motor Vehicle Theft or ehicle Robbery Burglary Aggravated Assault a theft. intent ue from the commit rce or violence it any Murder, Manslaughter Sex offenses (Rape, Fondling, Incest, Statutory Rape) Robbery Aggravated assault Burglary Motor vehicle theft Manslaughter Arson The Na The FBIused UCRfo. D Rape Clery Crimes Reference Page
Closed Captioning End of Clery Crimes Module
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