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Clery Act Crimes and Emory Geography Definitions

12 Jul, 2016

Clery Act Crimes

·  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 any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. This offense includes the rape of both males and females.

·  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 his/her age or because of his/her 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.

·  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.

·  Burglary – the unlawful entry of a structure to commit a felony or a theft.

·  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.

Hate Crimes

A Hate Crime is a criminal offense that manifests evidence that the victim was intentionally selected because of the perpetrator’s bias against the victim. Hate crimes include the Clery Crimes listed above plus the following:

·  Theft (only report if incident is or may be a hate crime) – the unlawful taking, carrying, leading or riding away of property from the possession or constructive possession of another.

·  Simple Assault (only report if incident is or may be a hate crime) – an unlawful physical attack by one person upon 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 (only report if incident is or may be a hate crime) – 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.

·  Property Destruction/Damage/Vandalism (only report if incident is or may be a hate crime) – to willfully or maliciously destroy, damage, deface, or otherwise injure real or personal property without the consent of the owner or the person having custody or control of it.

Violence Against Women Act Offenses

Dating Violence – 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. 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 definition of domestic violence.

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; 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.

Stalking – 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. 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.

Arrests and Disciplinary Referrals for Violations of Weapons, Drug Abuse and Liquor Laws:

Arrest – persons processed by arrest, citation, or summons.

Referred 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.

  • Weapons: Carrying, Possessing, Etc. Violation – 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.
  • Drug Abuse Violations – 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 drug. 
  • Liquor Law Violations – 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.

Emory’s Clery Geography

  • On-campus locations: 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 (includes any of Emory’s 10 distinct campuses--Emory University, Oxford College, Carter Center, Emory University Midtown Hospital, Emory St. Joseph’s Hospital, Emory John’s Creek Hospital, Emory-Decatur Hospital, Emory Hillandale Hospital, Emory LTAC Hospital, and the Grady Area Campus).
  • Non-campus locations: 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 locations: All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.

Document Updated: 12/8/21