Campus Crime Statistics Act (Clery Act) Policy

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires Monmouth University to collect, classify, count, and disseminate crime report statistics in an Annual Security Report (ASR) by October 1 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 that 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 non-campus 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:

A. On-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, and the University Bluffs.

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 (UCR) Handbook. 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 two categories: (a) Murder and Non-Negligent Manslaughter, and (b) Negligent Manslaughter.
   1. Murder/Non-Negligent Manslaughter—The willful (non-negligent) killing of one human being by another.
   2. 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 that 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; safe cracking; 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. Such thefts are only counted under Clery from parking garages attached to a resident hall.)
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.
   1. Forcible Sex Offenses
      1. 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.
      2. 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.
   2. Non-Forcible Sex Offenses
      1. Incest—Non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
      2. 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 that are required to be reported:

1. Criminal Homicide
   1. Murder and Non-Negligent Manslaughter
   2. Negligent Manslaughter
2. Sex Offenses
   1. Rape
   2. Fondling
   3. Incest
   4. Statutory Rape         
3. Robbery
4. Aggravated Assault
5. Burglary
6. Motor Vehicle Theft
7. Arson
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:

New Jersey Sex Offense Definitions

Consent in New Jersey is defined as:

2C:2-10. Consent

1. In general. The consent of the victim to conduct charged to constitute an offense or to the result thereof is a defense if such consent negatives an element of the offense or precludes the infliction of the harm or evil sought to be prevented by the law defining the offense.
2. Consent to bodily harm. When conduct is charged to constitute an offense because it causes or threatens bodily harm, consent to such conduct or to the infliction of such harm is a defense if:
   1. The bodily harm consented to or threatened by the conduct consented to is not serious; or
   2. The conduct and the harm are reasonably foreseeable hazards of joint participation in a concerted activity of a
      kind not forbidden by law; or
   3. The consent establishes a justification for the conduct under chapter 3 of the code.
3. Ineffective consent. Unless otherwise provided by the code or by the law defining the offense, assent does not constitute consent if:
   1. It is given by a person who is legally incompetent to authorize the conduct charged to constitute the offense; or
   2. It is given by a person who by reason of youth, mental disease or defect, or intoxication is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature of harmfulness of the conduct charged to constitute an offense; or
   3. It is induced by force, duress, or deception of a kind sought to be prevented by the law defining the offense.

2C:14-1. Definitions as used in this act:

The following definitions apply to this chapter:

1. “Actor” means a person accused of an offense proscribed under this act;
2. “Victim” means a person alleging to have been subjected to offenses proscribed by this act;
3. “Sexual penetration” means vaginal intercourse, cunnilingus, fellatio, or anal intercourse between persons or insertion of the hand, finger, or object into the anus or vagina either by the actor or upon the actor’s instruction. The depth of insertion shall not be relevant as to the question of commission of the crime;
4. “Sexual contact” means an intentional touching by the victim or actor, either directly or through clothing, of the victim’s or actor’s intimate parts for the purpose of degrading or humiliating the victim or sexually arousing or sexually gratifying the actor. Sexual contact of the actor with himself/herself must be in view of the victim whom the actor knows to be present;
5. “Intimate parts” means the following body parts: sexual
   organs, genital area, anal area, inner thigh, groin, buttock, or breast of a person;
6. “Severe personal injury” means severe bodily injury, disfigurement, disease, incapacitating mental anguish, or
   chronic pain;
7. “Physically helpless” means that condition in which a person is unconscious or is physically unable to flee or is physically unable to communicate unwillingness to act;
8. (Deleted by amendment, P.L.2011, c.232)
9. “Mentally incapacitated” means that condition in which a person is rendered temporarily incapable of understanding or controlling his/her conduct due to the influence of a narcotic, anesthetic, intoxicant, or other substance administered to that person without his/her prior knowledge or consent, or due to any other act committed upon that person which rendered that person incapable of appraising or controlling his/her conduct;
10. “Coercion” as used in this chapter shall refer to those acts that are defined as criminal coercion in section 2C:13-5(1), (2), (3), (4), (6), and (7).

2C:14-2 Sexual Assault:

1. An actor is guilty of aggravated sexual assault if he/she commits an act of sexual penetration with another person under any one of the following circumstances:
   1. The victim is less than 13 years old;
   2. The victim is at least 13 but less than 16 years old; and
      1. The actor is related to the victim by blood or affinity to the third degree, or
      2. The actor has supervisory or disciplinary power over
         the victim by virtue of the actor’s legal, professional,
         or occupational status, or
      3. The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
   3. The act is committed during the commission, or attempted commission, whether alone or with one or more other persons, of robbery, kidnapping, homicide, aggravated assault on another, burglary, arson, or criminal escape;
   4. The actor is armed with a weapon or any object fashioned in such a manner as to lead the victim to reasonably believe it to be a weapon and threatens by word or gesture to use the weapon or object;
   5. The actor is aided or abetted by one or more other persons, and the actor uses physical force or coercion;
   6. The actor uses physical force or coercion, and severe personal injury is sustained by the victim;
   7. The victim is one whom the actor knew or should have known was physically helpless or incapacitated, intellectually or mentally incapacitated, or had a mental disease or defect that rendered the victim temporarily or permanently incapable of understanding the nature of his/her conduct, including, but not limited to, being incapable of providing consent.

Aggravated sexual assault is a crime of the first degree.

Except as otherwise provided in 2C:14-2(d) a person convicted under paragraph (1) of this subsection shall be sentenced to a specific term of years that shall be fixed by the court and shall be between 25 years and life imprisonment of which the person shall serve 25 years before being eligible for parole, unless a longer term of parole ineligibility is otherwise provided pursuant to this Title.

2. An actor is guilty of sexual assault if he/she commits an act of sexual contact with a victim who is less than 13 years old and the actor is at least four years older than the victim.
3. An actor is guilty of sexual assault if he/she commits an act of sexual penetration with another person under any one of the following circumstances:
   1. The actor uses physical force or coercion, but the victim does not sustain severe personal injury;
   2. The victim is on probation or parole, or is detained in a hospital, prison, or other institution, and the actor has supervisory or disciplinary power over the victim by virtue of the actor’s legal, professional, or occupational status;
   3. The victim is at least 16 but less than 18 years old and:
      1. The actor is related to the victim by blood or affinity to the third degree; or
      2. The actor has supervisory or disciplinary power of any nature or in any capacity over the victim; or
      3. The actor is a resource family parent, a guardian, or stands in loco parentis within the household;
   4. The victim is at least 13 but less than 16 years old and the actor is at least four years older than the victim.

Sexual assault is a crime of the second degree.

2C:14-3 Aggravated Criminal Sexual Contact;
Criminal Sexual Contact:

1. An actor is guilty of aggravated sexual contact if he/she commits an act of sexual contact with the victim under any of the circumstances set forth in 2C:14-2a. (2) through (7).

Aggravated criminal sexual contact is a crime in the third degree.

2. An actor is guilty of criminal sexual contact if he/she commits an act of sexual contact with the victim under any of the circumstances set forth in section 2C:14-2c. (1) through (4).

Criminal sexual contact is a crime of the fourth degree.

2C:25-19 Definitions; as used in this act:

1. “Domestic violence” means the occurrence of one or more of the following acts inflicted upon a person protected under this act by an adult or an emancipated minor:
   1. Homicide N.J.S.2C:11-1 et seq.
   2. Assault N.J.S.2C:12-1
   3. Terroristic threats N.J.S.2C:12-3
   4. Kidnapping N.J.S.2C:13-1
   5. Criminal restraint N.J.S.2C:13-2
   6. False imprisonment N.J.S.2C:13-3
   7. Sexual assault N.J.S.2C:14-2
   8. Criminal sexual contact N.J.S.2C:14-3
   9. Lewdness N.J.S.2C:14-4
   10. Criminal mischief N.J.S.2C:17-3
   11. Burglary N.J.S.2C:18-2
   12. Criminal trespass N.J.S.2C:18-3
   13. Harassment N.J.S.2C:33-4
   14. Stalking P.L. 1992. C.209 (C.2C:12-10)

When one or more of these acts is inflicted by an unemancipated minor upon a person protected under this act, the occurrence shall not constitute “domestic violence,” but may be the basis for the filing of a petition or complaint pursuant to the provisions of section 11 of P.L.1982, c.77 (C.2A:4A-30).

2. “Law enforcement agency” means a department, division, bureau, commission, board, or other authority of the State
   or of any political subdivision thereof that employs law enforcement officers.
3. “Law enforcement officer” means a person whose public duties include the power to act as an officer for the detection, apprehension, arrest, and conviction of offenders against the laws of this State.
4. “Victim of domestic violence” means a person protected under this act and shall include any person who is 18 years of age or older or who is an emancipated minor and who has been subjected to domestic violence by a spouse, former spouse, or any other person who is a present or former household member. “Victim of domestic violence” also includes any person, regardless of age, who has been subjected to domestic violence by a person with whom the victim has a child in common, or with whom the victim anticipates having a child in common, if one of the parties is pregnant. “Victim of domestic violence” also includes any person who has been subjected to domestic violence by a person with whom the victim has had a dating relationship.
5. “Emancipated minor” means a person who is under 18 years of age but who has been married, has entered military service, has a child or is pregnant, or has been previously declared by a court or an administrative agency to be emancipated.

Dating Violence is not defined by the New Jersey state criminal law. It is defined under the Code of Federal Regulations: Title 34 -Subtitle B- Chapter VI- Part 668.46.

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 and

1. Where 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.
2. For the purposes of this definition—
   1. Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
   2. Dating violence does not include acts covered under the definition of domestic violence.
3. For the purposes of complying with the requirements of this section and §668.41, any incident meeting this definition is considered a crime for the purposes of Clery Act reporting.

2C:12-10 Definitions; stalking designated a crime; degrees.

1. As used in this act:
   1. “Course of conduct” means repeatedly maintaining a visual or physical proximity to a person; directly, indirectly, or through third parties, by any action, method, device, or means, following, monitoring, observing, surveilling, threatening, or communicating to or about, a person, or interfering with a person’s property; repeatedly committing harassment against a person; or repeatedly conveying, or causing to be conveyed, verbal or written threats or threats conveyed by any other means of communication or threats implied by conduct or a combination thereof directed at or toward a person.
   2. “Repeatedly” means on two or more occasions.
   3. “Emotional distress” means significant mental suffering or distress.
   4. “Cause a reasonable person to fear” means to cause fear that a reasonable victim, similarly situated, would have under the circumstances.
      1. A person is guilty of stalking, a crime of the fourth degree, if he/she purposefully or knowingly engages in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of a third person or suffer other emotional distress.
      2. A person is guilty of a crime of the third degree if he/she commits the crime of stalking in violation of an existing court order prohibiting the behavior.
      3. A person who commits a second or subsequent offense of stalking against the same victim is guilty of a crime of the third degree.
      4. A person is guilty of a crime of the third degree if he/she commits the crime of stalking while serving a term of imprisonment or while on parole or probation as the result of a conviction for any indictable offense under the laws of this State, any other state or the United States.
      5. This act shall not apply to conduct that occurs during organized group picketing.