The Jeanne Clery Disclosure of Campus Security Policy & Campus Crime Statistics Act (Clery Act) requires Monmouth University to collect, classify, count and disseminate crime report crime statistics in an Annual Security Report (ASR) by October 1st of each year to all currently enrolled students and employees. Monmouth University must also provide the ASR to any prospective employee or student upon request.
The Clery Act requires Monmouth University to disclose statistics for reported crimes based on: where the crimes occurred; to whom the crimes were reported; the types of crimes that were reported; and the year in which the crimes were reported.
I. Clery Geography
Monmouth University must disclose statistics for reported Clery crimes that occur: (1) on-campus, (2) on public property within or immediately adjacent to the campus, and (3) in or on noncampus buildings or property that Monmouth University owns or controls. As specified in the Clery Act, the following property descriptions are used to identify the location of crimes in and around Monmouth University's campus:
On-campus property includes: (1) 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 (2) any building or property that is within or reasonably contiguous to the area identified in Section A(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 a food or other retail vendor).
B. Non-Campus Buildings or Property
Non-campus buildings or property include: (1) any building or property owned or controlled by an officially recognized student organization that is officially recognized by the institution; or (2) 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 contiguous geographic area of the institution.
C. Public Property
Public property includes all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the institution's campus or immediately adjacent to and accessible from the campus.
II. Definitions of Criminal Offenses
The Clery Act requires institutions to disclose three general categories of crime statistics. The Violence Against Women Reauthorization Act of 2013 (VAWA), amended the Clery Act to require institutions to disclose an additional fourth category of crime statistics. Pursuant to the Clery Act, definitions are to be used for reporting crimes in accordance with the
Federal Bureau of Investigation's Uniform Crime Reporting Program. The definitions for murder, robbery, aggravated assault, burglary, motor vehicle theft, weapons: carrying, possessing, etc.; law violations; drug abuse violations; and liquor law violations are from the Federal Bureau of Investigation's (FBI's) Uniform Crime Reporting Handbook (UCR). For sex offenses, definitions are excerpted from the FBI's National Incident-Based Reporting System (NIBRS) edition of the UCR. The definitions of larceny-theft (except motor vehicle theft), simple assault, intimidation, and destruction/damage/vandalism of property are from the Hate Crime Data Collection Guidelines of the FBI's Uniform Crime Reporting Handbook.
A. Criminal Offenses
The following definitions are used to classify Clery Criminal Offenses:
1. Criminal Homicide - These offenses are separated into the following two categories:
a. Murder/Non-Negligent Manslaughter - The willful (non-negligent) killing of one human being by another.
b. Negligent Manslaughter - The killing of another person through gross negligence.
2. 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.
3. Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault is usually accompanied by the use of a weapon or by means likely to produce death or great bodily harm. (It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably will result in serious personal injury if the crime were successfully completed.)
4. Burglary - The unlawful entry of a structure to commit a felony or a theft. For reporting purposes, this definition includes: unlawful entry with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all attempts to commit any of the aforementioned.
5. Motor Vehicle Theft - The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are taken by persons not having lawful access even though the vehicles are later abandoned - including joyriding.)
6. 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.
7. Sex Offenses - Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
a. Forcible Sex Offenses:
i. 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.
ii. 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.
b. Non-Forcible Sex Offenses:
i. Incest - Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
ii. Statutory Rape - Non-forcible sexual intercourse with a person who is under the statutory age of consent.
B. Hate Crimes
The second category of statistics that must be disclosed is hate crimes. A hate crime is a crime reported to local police agencies or to a campus security authority that manifests evidence that the victim was intentionally selected because of the perpetrator's bias against the victim. The categories of bias include the victim's actual or perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin, and disability. For each hate crime recorded, an institution must identify the category of bias that motivated the crime.
The following are the categories of hate crime which are required to be reported:
1. Criminal Homicide
a. Murder and Non-Negligent Manslaughter
b. Negligent Manslaughter
2. Sex Offenses
d. Statutory Rape
4. Aggravated Assault
6. Motor Vehicle Theft
8. Larceny-theft - The unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc., are included.
9. Simple Assault - 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.
10. 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.
11. Destruction/Damage/Vandalism of Property - 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.
C. Arrests and Disciplinary Referrals for Violation of Weapons, Drug and Liquor Laws
The third category of crime statistics that Universities must disclose are the number of arrests and the number of persons referred for disciplinary actions for the following law violations:
1. Weapons, Carrying, Possessing, Etc. - 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.
2. 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 drugs.
3. 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.
D. Violence Against Women Reauthorization Act of 2013 (VAWA) Offenses
The fourth category of crime statistics that Universities must disclose includes the following:
1. 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.
a. 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.
b. For purposes of this definition -
i. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
ii. Dating violence does not include acts covered under the definition of domestic violence.
c. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
2. Domestic Violence -
a. A felony or misdemeanor crime of violence committed:
i. by a current or former spouse or intimate partner of the victim;
ii. by a person with whom the victim shares a child in common;
iii. by a person who is cohabitating with or who has cohabitated with the victim as a spouse or intimate partner;
iv. 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, or
v. 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.
b. Any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.
3. Stalking -
a. Engaging in a course of conduct directed at a specific person that would cause a reasonable person to:
i. fear for the person's safety or the safety of others; or
ii. suffer substantial emotional distress.
b. For the purpose of this definition -
i. 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 other means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person's property.
ii. Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
iii. Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
III. Preparation and Disclosure of Crime Statistics
The Monmouth University Police Department is responsible for collecting and reporting the annual crime statistics from local police agencies and campus security authorities. This information is included in the Monmouth University Guide for Safe Campus. By October 1 of each year, notification of the new Guide for a Safe Campus is emailed to current students and employees. A hard copy of the report is available upon request to the Monmouth University Police Department. The crime statistics are also submitted to the United States Department of Education on an annual basis.
The Monmouth University Police Department collects its own statistics and accepts supplemental numbers from campus security authorities in their reporting roles. The Monmouth University Police Department also annually sends a request to local law enforcement agencies that have jurisdiction over some of the University's Clery geography. Additionally, annually, the Monmouth University Police Department sends an annual notice to area Vice Presidents to solicit the campus security authorities in its area to make sure that all incidents have been reported for the previous calendar year.
Clery reporting covers the preceding calendar year, January 1 to December 31.
IV. Campus Security Authorities
The Clery Act regulations define the following persons as campus security authorities:
1. A member of a campus police department or a campus security department of an institution.
2. Any individual or individuals who have responsibility for campus security but who does not constitute a campus police department or a campus security department (e.g., an individual who is responsible for monitoring the entrance into institutional property).
3. Any individual or organization specified in an institution's statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
4. An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings unless the official is exempt from being a campus security authority as set forth in this policy.
B. Responsibilities of Campus Security Authorities (CSAs)
1. Campus Security Authorities must report allegations of Clery Act crimes that they conclude happened in good faith to the Monmouth University Police Department. Allegations of Clery Act crimes can be reported on the Monmouth University Campus Security Authority Crime & Incident Report Form and submitting it to the Monmouth University Police Department. A copy of the form can be obtained from the Monmouth University Police Department. It is important to report allegations to the Monmouth University Police Department immediately because the report may be the basis for determining if there is a serious or continuing threat to the safety of the campus community which may warrant a timely warning or Hawk Safety Alert. If a CSA is unsure whether or not an incident is a Clery crime, he or she should report it.
2. Unless a CSA is a Monmouth University Police Officer, he or she is not responsible for determining authoritatively whether or not a crime took place and should never try to apprehend an alleged perpetrator of a crime.
3. If an individual reporting an incident needs assistance, a CSA should explain how to get help. CSAs should let a victim know that help is available even if he or she does not want an investigation conducted. If it is an emergency situation, the CSA should immediately contact the Monmouth University Police Department at (732) 571-4444 or call 911.
4. CSAs do not have the responsibility to try and convince a victim to contact law enforcement if a victim chooses not to do so. However, if a victim does not want a report to go any further that the CSA, a CSA must explain that he or she is required to submit the report for statistical purposes, but can submit the report without identifying the victim.
C. Examples of Campus Security Authorities at Monmouth University
Examples of campus security authorities at Monmouth University include, but are not limited to:
2. Provost & V.P. for Academic Affairs
3. V.P. & General Counsel
4. V.P. for Enrollment Management
5. V.P. for Finance
6. V.P. for External Affairs
7. V.P. & Director of Athletics
8. V.P. Student Life & Leadership Engagement
9. V.P. for Administrative Services
10. V.P. for Information Management
*If you are unsure whether or not you are a CSA, please contact the Office of the General Counsel at (732) 571-3598.
D. Examples of Non-Campus Security Authorities at Monmouth University
The following individuals would not meet the criteria for being campus security authorities include, but are not limited to:
1. A faculty member who does not have any responsibility for student and campus activity beyond the classroom.
2. Clerical Staff
3. Professional Counselors whose official responsibilities include providing mental health counseling to members of the Monmouth University community and functioning within the scope of his/her license or certification, including, but not limited to:
4. All physicians, nurse practitioners, clinicians, coordinators in Health Services whose official responsibilities include treating, examining, and/or counseling members of the Monmouth University community and functioning within the scope of his/her license or certification, including, but not limited to:
*Individuals in Section C and D above who are not acting within the scope of their license, may be considered a campus security authority if they meet the definition. An example would be a psychological counselor who is an advisor to the student club. If an incident was reported during a club event, the individual must report as a CSA.
Original Issue Date: March 27, 2006