Clery Act / VAWA Definitions
The Clery Act requires Robeson Community College to classify crimes based on the Federal Bureau of Investigation’s (FBI’s) Uniform Crime Reporting Handbook (UCR). Classification will be composed based on statistics collected from Local and /or State Law Enforcement Agencies and Campus Security Daily Log Activity Reports.
Types of Criminal Offenses
- Criminal Homicide: These offenses are separated into two categories: Murder and Non-negligent manslaughter, and Negligent Manslaughter.** Murder and Non-negligent Manslaughter is defined as the willful (non-negligent) killing of one human being by another.**Classify as Murder and Non-negligent Manslaughter: Any death caused by injuries received in a fight, argument, quarrel, assault or commission of a crime.**Negligent Manslaughter is defined as the killing of another person through gross negligence. Count one offense per victim.**Classify as Negligent Manslaughter: Any death caused by the gross negligence of another.
- Sex Offenses: are separated into two categories: forcible and non-forcible.**Forcible sex offenses are defined as any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent. There are four types of forcible sex offenses.**Forcible rape.**Forcible Sodomy.**Sexual assault with an object.**Forcible fondling.**Non-forcible sex offenses are defined as unlawful, non-forcible sexual intercourse. There are two types of Non-forcible sex offenses.**Incest.**Statutory Rape.
- Robbery: is 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: is 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.
- Burglary: is the unlawful entry of a structure to commit a felony or a theft.
- Motor Vehicle Theft: is the theft or attempted theft of a motor vehicle.
- 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, or personal property of another.
Violence Against Women Act Definitions
- Dating Violence – means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. Dating violence includes the use or threat of physical force or restraint carried out with the intent of controlling the victim’s behavior or causing pain or injury.
Examples of Dating Violence:
Hitting, punching, pinching, slapping, or choking
Threats of physical harm
Taking away a person’s cell phone during an argument so the person cannot call a friend or the police for help.
- Domestic Violence -includes felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person cohabitating with or who has cohabitated with the victim as a spouse, 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.
Examples of Domestic Violence:
Hitting, punching, pinching, slapping, or choking
Violating a protective order.
Harming the victim’s animals or children
- Stalking – means engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others or (b) suffer substantial emotional distress.
Examples of Stalking:
Repeatedly communicating or attempting to communicate with a person who doesn’t wish to be communicated with.
Persistently following a person or lying in wait for them.
Sending unwanted gifts
- Sexual Assault -is any intentional sexual touching, directly, or over clothing, however slight, with any body part or object,without explicit consent. It is also considered sexual assault if the individual is forced to touch the intimate parts of another individual.
Sexual touching includes:
Intentional contact with the breasts, buttocks, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice.
Sexual assault includes non-consensual sexual intercourse.
- Non-Consensual Sexual Intercourse (Rape) is any sexual penetration, however slight, with any body part or object, by one person upon another, without consent and/or by force.
Non-consensual sexual intercourse is defined as sexual penetration (anal, oral, or vaginal) of the individual by any part of another individual’s body or other object, without explicit consent. It is also considered non-consensual sexual intercourse if the victim has a reasonable fear that the individual or another will be injured if the individual does not give consent, is incapable of giving consent or is prevented from resisting due to physical or mental incapacity, which may include but is not limited to the influence of drugs or alcohol, or if the individual has a mental or physical disability that would prohibit their ability to provide consent.
Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim.
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. Sexual Orientation is the term for a person’s physical, romantic, and/or emotional attraction to members of the same and/or opposite sex, including lesbian, gay, bisexual, and heterosexual (straight) individuals.
- 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.
- Gender non-conforming describes a person who does not conform to the gender-based expectations of society, e.g., a woman dressed in traditionally male clothing or a man wearing makeup. A gender non-conforming person may or may not be a lesbian, gay, bisexual, or transgender person but may be perceived as such.
- 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. The concept of ethnicity differs from the closely related term “race” in that “race” refers to a grouping based mostly upon biological criteria, while “ethnicity” also encompasses additional cultural factors.
- National Origin: A preformed negative opinion or attitude toward a group of people based on their actual or perceived country of birth. This bias may be against people that have a name or accent associated with a national origin group, participate in certain customs associated with a national origin group, or because they are married to or associate with people of a certain national origin.
- 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
For Clery Act purposes, Hate Crimes include any of the following offenses that are motivated by bias:
Murder and Non-negligent
Motor Vehicle Theft
Destruction/Damage/Vandalism of Property