The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act is a federal law that requires Oregon State University to collect and report statistics on a specific list of crimes. The intent of this law is to create a safer campus community through awareness. These crimes are listed below with a more thorough description of each. In order for a reportable crime to be counted, it must be reported to a Campus Security Authority or law enforcement, and it must have occurred in a reportable area. The definitions of the Clery Act's reportable areas are after the crime definitions. Crimes can be reported by the victim, the accused, a witness, or a third party. According to the Clery Act, Campus Security Authorities includes four groups of individuals and organizations associated with the institution:
A campus police department or a campus security department.
Any individual or individuals who have responsibility for campus security, but who do not constitute a campus police department or a campus security department.
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.
Murder and Non-Negligent Manslaughter: the willful killing of one human being by another.
Manslaughter by Negligence: the killing of another person by gross negligence.
Sexual Assault: An offense that meets the definition of Rape, Fondling, Statutory Rape, or Incest as used in the FBI’s Uniform Crime Reporting (UCR) program. Per the National Incident-Based Reporting System User Manual from the FBI UCR Program, a sex offense is “any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.”
Rape: 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 definition includes any gender of victims or perpetrator.
Fondling: the touching of the private body parts of another person for the purpose of sexual gratification without consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or temporary or permanent mental or physical 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, 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.
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 criminal offense committed against a person or property which is motivated, in whole or in part, by the offender’s bias.
Categories of bias are:
In addition to the criminal offenses listed above, the following crimes are also classified as Hate Crimes when there is evidence that the offense was committed with bias against a protected class, as described above:
Larceny / Theft
Destruction / Damage or Vandalism of property
Liquor Law Arrests and 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.
Drug Law Arrests and Violations: the violation of state or local 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 law or ordinances, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Weapon Law Arrest and Violations: the violation of state or local laws 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.
Domestic Violence: A felony or misdemeanor crime of violence committed by—
A current or former spouse or intimate partner of the victim;
A person with whom the victim shares a child;
A person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner;
A person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies (Under VAWA); or
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.
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
The length of the relationship
The type of relationship
The frequency of interaction between the persons involved in the relationship.
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.
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.
For the purposes of this definition—
Course of conduct means two or more acts, including, but not limited to, acts 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.
*In the case of liquor, drug, and weapon offenses, the numbers are tallied in two groups: arrests and referrals. The first set of numbers is for those individuals who are arrested and the second is for those who are referred for disciplinary actions by the Oregon State University. This is not a distinction between breaking the law and not breaking the law; the numbers in both groups are the result of a violation of the law. It is an attempt to reflect the actual impact of liquor, drug, and weapons violations occurring in the campus community even when the incident does not result in an arrest.
**Although a peace officer or the district attorney may choose not to charge an individual for one of these offenses because there is insufficient evidence to reach a conviction, the University may still sanction the individual because the standard for a conviction in a civil proceeding is less than what is required for conviction in criminal proceedings.
On-Campus – Any building or property owned or controlled by Oregon State University within the same reasonably contiguous geographic area of the core campus, and used by Oregon State University in direct support of, or in a manner related to Oregon State University’s educational purposes, including student housing facilities; and
Any building or property that is within or reasonably contiguous to the core campus that is owned by Oregon State University, but controlled by another person, is frequently used by students and supports institutional purposes, such as a food or other retail vendor. Additionally, locations within one mile of Oregon State University’s core campuses are considered for inclusion in the On-Campus group. Before these locations are included, their function and relationship to the university are evaluated.
On-Campus Student Housing Facilities – Any On-Campus building or structure that is owned or controlled by the university and used by students as a dwelling on-campus. This category includes student housing facilities and family housing located on-campus.
Noncampus – Any building or property owned or controlled by a student organization that is officially recognized by Oregon State University; or
Any building or property owned or controlled by Oregon State University that is used in direct support of, or in relation to, the university’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
Public Property – All public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus. This property is owned by a public entity, such as a city or state government. Perimeter streets are described in the following way: “Sidewalk – Street – Sidewalk”. This means that a reportable crime occurring on the sidewalk on either side of a perimeter street is reportable, as well as incidents occurring in the street. But an incident occurring in a building (a privately owned property) on the distant side of a perimeter street would not be included.